Can Acta Jure Gestionis Be Attributable to the State? A Restrictive Doctrine of State Responsibility

Abstract The distinction between acta jure imperii and gestionis, while playing a pivotal role in the law of state immunity, appears alien to responsibility. However, recent practice has shown conceptual overlaps these different areas international law. sovereign/commercial dichotomy informed attribution parastatal entities’ conduct under Article 5 International Law Commission’s Articles on Responsibility States for Internationally Wrongful Acts (ARSIWA). More precisely, gestionis have been excluded from scope attributable conduct. Against this backdrop, study investigates whether, what extent, dictates interpretation application ARSIWA. We conclude that does relevance context, although was not designed preclude attributability commercial acts. its obscure wording allowed subsequent overly narrow This study, critically analysing restrictive doctrine responsibility, aims provide more accurate desirable conception rule clear detailed guideline when act entities can be state.