Article 5: conduct of persons or entities exercising elements of governmental authority
Viñuales, J. E. & Hailes, O.
(2026).
Article 5: conduct of persons or entities exercising elements of governmental authority.
In
The Articles on Responsibility of States for Internationally Wrongful Acts: A Commentary
.
Oxford University Press.
[In Press]
(2026).
Article 5: conduct of persons or entities exercising elements of governmental authority.
In
The Articles on Responsibility of States for Internationally Wrongful Acts: A Commentary
.
Oxford University Press.
[In Press]
Abstract
The conduct of a person or entity which is not an organ of the State under article 4 but which is empowered by the law of that State to exercise elements of the governmental authority shall be considered an act of the State under international law, provided the person or entity is acting in that capacity in the particular instance.