State Responsibility in International Law for Unlawful Conduct of Quasi-Public and Private Entities Exercising Governmental Authority
Promovendus: Mw. N.R. Okany
Promotor: Prof.Dr. P.A. Nollkaemper
Duur: 1/1/2013 - 31/5/2017
The PhD research examines the general principle of international law which states that the unlawful conduct of a parastatal or private entity exercising governmental authority or functions is to be deemed an act of the State, for which the State is responsible. This principle which is applicable in all fields of public international law ranging from international investment and trade law to EU and human rights law is one of public international laws responses to the increasing decentralization and privatization of public interest functions by governments. This PhD research project sets out to clarify some uncertainties surrounding the precise content of the principle in public international law and the conditions for its application to individual cases. Among the key questions addressed by the thesis is what is to be regarded as a governmental function for the purposes of this principle. This is a question that has preoccupied international tribunals, scholars and decision makers alike, in the light of the continually shifting (and currently blurred) boundaries between governmental and private spheres of activity.