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Max Planck Encyclopedia of Public International Law [MPEPIL]

De Facto Organs of a State

Paolo Palchetti

Subject(s):
Act of state doctrine — Attribution — Responsibility of states — Wrongful acts — State practice

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 It is generally acknowledged that, in order to determine which are the organs of a State for the purposes of international law, the application of the municipal law of that State is not always decisive ( International Law and Domestic [Municipal] Law ). When an individual has the status of an organ under municipal law, that individual will also be regarded as an organ under international law ( Individuals in International Law ). However, the absence of a formal link under municipal law between an individual and the State does not prevent the characterization of...
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