Publication details

State Responsibility for Breaches of Standards of Investment Protection Committed by Bankruptcy Courts and Trustees

Title in English tate Responsibility for Breaches of Standards of Investment Protection Committed by Bankruptcy Courts and Trustees
Authors

NOVÝ Zdeněk

Year of publication 2019
Type Article in Periodical
Magazine / Source Transnational Dispute Management
MU Faculty or unit

Faculty of Law

Citation
Web
Keywords Bankruptcy; Insolvency; International Law; Investment Protection; State Responsibility
Attached files
Description This paper addresses the state’s responsibility for violations of international investment law by bankruptcy trustees and courts. The analysis is broken down into two parts corresponding to the elements of state responsibility under international law—attribution and breach of an international obligation. The first part of the paper examines whether the conduct of a bankruptcy trustee may be attributable to the state under international law. The answer to this unresolved question is important given that the trustee’s actions and omissions may result in breaching international investment protections. The paper demonstrates that there are arguments in favour of attribution of a trustee’s conduct to the state. The second part of the paper examines known and likely instances of breach of investment standards in the bankruptcy context. Such instances include wrongful seizure of goods, failure to exercise reasonable care over seized goods, and the public auction of an investment.