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Diplomatic Protection$
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Chittharanjan F. Amerasinghe

Print publication date: 2008

Print ISBN-13: 9780199212385

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199212385.001.0001

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Attribution of Conduct as the Act of the State

Attribution of Conduct as the Act of the State

Chapter:
(p.225) 14 Attribution of Conduct as the Act of the State
Source:
Diplomatic Protection
Author(s):

Chittharanjan F. Amerasinghe

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199212385.003.0014

In a situation in which the international responsibility of a State for an injury to an alien is invoked and in which diplomatic protection may be exercised, several conditions must be fulfilled in respect of the respondent State's position. Apart from other requirements, there must be an act or omission of a person or a group of persons and this must be attributable (or imputable) to the respondent State. This attribution is a matter for international law, though the internal or national law of the State may be recognized as applicable by international law. This chapter deals with the attribution (or imputation) to the host or respondent State of violations of substantive primary rules, which relates to its objective capacity to be a respondent.

Keywords:   diplomatic protection, state, imputation, international law

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