Jacob: OMC et Imputation - Les organes de l'Etat: De Deux Apparences Trompeuses

Patrick Jacob (Université Paris-Sud) has posted OMC et Imputation - Les organes de l'Etat: De Deux Apparences Trompeuses (WTO and Attribution - State Organs: On Two Deceptive Appearances) (in OMC et responsabilité, V. Tomkiewicz ed., forthcoming). Here's the abstract:

Attribution of conduct to the State is of central importance in WTO law as well as in other parts of international law. It is largely based on the concept of State organ since « the conduct of any State organ shall be considered an act of that State under international law » (article 4 ASRIWA). This contribution aims at examining how WTO law captures this concept, in a context of fragmentation of State apparatuses. At first sight, differences between general international law and WTO law seem to appear. While the first undoubtedly includes the territorial divisions of the State in the category of State organs, the latter seems to exclude them. Conversely, while the second expands the class of organs to include functional divisions, the first does not seem to consider it. But appearances are deceptive. In one case as in the other, a closer examination reveals reconciliations. In the first case, because the WTO law aligned with general international law by assimilating territorial divisions to organs of its members. In the second case, because the concept of State organ as designed in general international law is wider than it seems and is therefore likely to include functional divisions. Note: Downloadable document is in French.