Forty-Fifth ITF Public Conference: The ILC Articles on State Responsibility at 25: Role in International Investment Law and ISDS

Event Details

To mark the 25th anniversary of the adoption of the ILC Articles on Responsibility of States for Internationally Wrongful Acts, the Investment Treaty Forum will host a one-day conference in London, held in hybrid format, dedicated to examining the continuing relevance and evolving role of the ILC Articles in international investment law and investor-State dispute settlement (ISDS).

Since their adoption in 2001, the ILC Articles have become a central reference point in investment treaty arbitration. Although not a binding treaty, they are routinely relied upon by arbitral tribunals as an authoritative statement of customary international law governing State responsibility. The conference will explore how tribunals deploy the ILC Articles in practice, how they interact with investment treaties and other sources of international law, and where tensions or uncertainties remain in their application.

The first panel will address general principles and the existence of a breach, focusing on the foundational role of Articles 2 and 12 in structuring the analysis of State responsibility through the dual elements of attribution and breach. Discussion will centre on how tribunals link State conduct to substantive treaty standards, including fair and equitable treatment, expropriation, and full protection and security. The panel will also examine Article 15 on composite acts, with particular attention to creeping expropriation and sustained patterns of regulatory conduct.

The second panel will focus on attribution of wrongful acts, analysing Articles 4 and 5 concerning the conduct of State organs and entities exercising elements of governmental authority. Particular emphasis will be placed on the attribution of conduct by regulators and State-owned enterprises, as well as the challenges posed by mixed public-private actors. The panel will also consider Article 10 and its relevance in situations of revolution, civil war, or regime change.

The final panel will turn to the nature of wrongful acts and the consequences of responsibility, including Article 7 on excess of authority or contravention of instructions, Article 39 on contributory fault and investor misconduct, and the principles of reparation and compensation under Articles 31 and 36. Discussion will focus on remedies and valuation in investment arbitration, including the scope of full reparation and the assessment of financially assessable damage.

The conference will be of interest to practitioners, academics, government officials, and advanced students working in international investment law and public international law.

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Programme

09.00 - 09.30 | Registration with coffee & tea

09.30 - 09.45 | Welcome and Introduction

Professor Yarik Kryvoi, Director of the Investment Treaty Forum, BIICL

09.45 - 10.30 | Keynote Address

Professor Johannes Klabbers, University of Cambridge

10:30 - 12:00 | Panel 1: General Principles and the Existence of Breach

• Simon Olleson, Twenty Essex
  The character and forms of international responsibility in ISDS
• Speaker TBC
  Existence of a breach of an international obligation - Articles 2 & 12 (The conceptual backbone: attribution + breach. Linking State conduct to treaty standards (FET, expropriation, FPS))
• Maurice Mendelson KC, Blackstone Chambers
  Composite acts - Article 15 (Creeping expropriation and patterns of regulatory harassment) 

 
12.00 - 12.15 | Break

12:15 - 13:45 | Panel 2: Attribution of Wrongful Acts

• Charles Claypoole - Latham & Watkins LLP (Chair)
• Sophie Lamb KC, Skadden, Arps, Slate, Meagher & Flom LLP
  Conduct of organs of a State - Article 4 (Attribution of acts of ministries, regulators, courts, municipalities, and SOEs acting as organs)
• Raja Bose, K&L Gates Straits Law LLC
  Entities exercising governmental authority - Article 5 (SOEs, regulators, and private bodies with delegated public powers (utilities, concessionaires)
• Samantha J. Rowe, Debevoise & Plimpton LLP
  Conduct of an insurrectional or other movement - Article 10 (Revolution, civil war, or regime-change scenarios) 

 
13.45 - 14.45 | Lunch (provided for all participants)

14:45 - 16:15 | Panel 3: Nature of Wrongful Acts and Reparation

• Stuart Dutson, Stephenson Harwood LLP (Chair) TBC
• Claudia Annacker, Annacker International Disputes
  Excess of authority or contravention of instructions - Article 7 (Ultra vires or unlawful actions under domestic law) 
• Alan Bonfiglio Rios, Secretariat of Economy of Mexico
  Contribution to the injury - Article 39 (Contributory fault, mitigation, investor misconduct)
• Richard Trinick, Three Crowns LLP
  Reparation & Compensation - Articles 31 & 36 (Foundation for damages once liability is established. Valuation discussions)

 
16:15 - 16.30 | Closing Remarks

Professor Andrea Bjorklund, McGill University

*This programme is subject to change

Pricing and Registration

The event is free for members of the Investment Treaty Forum (ITF). Free of charge bookings can be made by emailing the Events team.

If you work for a government or an intergovernmental organisation that is not currently a consultative member of the ITF, please contact Prof. Yarik Kryvoi to apply for free consultative membership.

For other attendees, the following charges apply:

BIICL Member
In-person: £239 | Online: £209

Non-member
In-person: £399 | Online: £349

REGISTER HERE