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The Law of International Responsibility edited by Crawford, James; Pellet, Alain; Olleson, Simon; Parlett (Assistant), Kate (20th May 2010)

Part III The Sources of International Responsibility, Ch.19.1 Attribution of Conduct to the State: State Organs and Entities Empowered to Exercise Elements of Governmental Authority

Djamchid Momtaz

From: The Law of International Responsibility

Edited By: James Crawford, Alain Pellet, Simon Olleson, Kate Parlett (Assistant)

Subject(s):
Ultra Vires conduct — Wrongful acts — Exhaustion of local remedies — Responsibility of states — Codification — Sovereignty — Prerogative — National liberation movements — Geneva Conventions 1949
In order for an act contrary to international law to be classified as internationally wrongful with the consequence of engaging State responsibility, the act must be attributable to the State. But the State, as an abstract entity, can only act with the aid of one or more persons that are classed, either generally or for the particular purpose, as State agents. For the purposes of attribution, the agents of the State used to be treated as identical with it. In the Moses case, a decision of the Mexico-United States Mixed Claims Commission, the arbitrator relied on...
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