Under Article 4 ARSIWA, the conduct of any organ of a State is considered an ACT OF THE STATE. 'Organ' INCLUDES:
Answer & Solution
Correct answer: D.
1. Article 4(1) ARSIWA: 'The conduct of any State organ shall be considered an act of that State under international law, whether the organ exercises legislative, executive, judicial or any other functions, whatever position it holds in the organization of the State, and whatever its character as an organ of the central Government or of a territorial unit of the State.'
2. Article 4(2): 'An organ includes any person or entity which has that status in accordance with the internal law of the State.'
3. Hence ALL state organs — central, federal, legislative, executive, judicial — bind the state internationally.
4. The Caire (1929 Mexico) arbitration: even an unauthorised act of a soldier may be attributable.
5. Hence option B is correct.
_Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / ICJ Statute / ARSIWA 2001 — ARSIWA 2001, Article 4_
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