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If the State delegates certain work to lower levels of government, be they federal, regional or municipal, it must be an obligation of the state under international law to ensure that the obligations under international law are fulfilled; the question of which public authority committed the violation is, therefore, irrelevant
In the absence of the respondent, a tribunal is obliged to form its own view of the facts and of the law, and cannot rely indiscriminately on the contentions and allegations of the claimant
Investor-State arbitration provisions provide for a unilateral right to initiate arbitration proceedings without the prior existence of a specific agreement to submit the case to arbitration
International Law Rules Applicable to IITs
Law of State Responsibility
Attribution of Acts
Attribution of Acts by Organs / Provinces / Municipalities
If the State delegates certain work to lower levels of government, be they federal, regional or municipal, it must be an obligation of the state under international law to ensure that the obligations under international law are fulfilled; the question of which public authority committed the violation is, therefore, irrelevant
Protection of Investors under IITs
Dispute Settlement Clauses
Character of Investor-State Arbitration Clauses
Investor-State arbitration provisions provide for a unilateral right to initiate arbitration proceedings without the prior existence of a specific agreement to submit the case to arbitration
Procedural Questions
Arbitrating in the Absence of the Respondent
In the absence of the respondent, a tribunal is obliged to form its own view of the facts and of the law, and cannot rely indiscriminately on the contentions and allegations of the claimant