5 - The Continued Relevance of General International Law

Summary

Looked at through the topic of State responsibility, chapter five underlines the continued importance and relevance of the general rules of international law in addressing some of the challenges encountered when dealing with State corporate ownership and human rights. The first part of the chapter provides an introduction to the nature and scope of State responsibility in international law with particular emphasis being placed on the role and process of attribution. In this context, the rules of attribution found in Articles 4, 5 and 8 of the International Law Commission Articles on the Responsibility of States for Internationally Wrongful Acts are examined in detail. The second part of the chapter analyses how the concept of due diligence becomes relevant when certain acts and omissions cannot be attributed to the State because those acts are not perpetrated by State organs, by actors that exercise governmental authority, or by those that are not under the 'effective control' of the State. In such cases, States, can nevertheless, be held responsible for a failure to act diligently to take all the necessary measures to prevent or punish the occurrence of a specific act.