Judge Peter Tomka,International Court of Justice (ICJ); Judge Tomka has acted as Arbitrator in proceedings under the aegis of the Permanent Court of Arbitration. He is a Member of the Panel of Arbitrators under Annex VII to the UN Convention on the Law of the Sea (2004-) and a Member of the ICSID Panel of Arbitrators (2005-11). He formerly was a Member of the UN International Law Commission and Chairman of the UN General Assembly Legal Committee. Judge Tomka has also acted as Agent in proceedings before the ICJ and served as a Legal Adviser of the Ministry of Foreign Affairs of Slovakia.
It is not that rare for an international arbitral tribunal to face the issue of whether, and under what conditions, a State may be held liable for the conduct of its instrumentalities on the basis of an investment treaty. The three reports which follow this introduction will provide a survey of the relevant case law from ICSID, the ICC and other arbitral tribunals on this issue. They will be supplemented by a rapport de synthèse by Professor Dupuy.
The purpose of this introduction is to provide a basic public international law framework for the consideration of the issue of responsibility of a State for violations of its obligations under an investment treaty.