CYIL vol. 12 (2021)

CYIL 12 (2021) PUBLIC CORPORATIONS UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTSH certain conduct of a public corporation is attributable to the state. Research demonstrates that the elements of the NGO test and the way of its interpretation by the ECtHR is in harmony with the rules of attribution of the ILC established in Articles 4, 5, and 8 of the ARSIWA. Although the ECtHR does not always refer to the ARSIWA in its judgments and decisions, it is clear that the principles of the ECHR have a basis in general public international law. Regarding the issue of subjectivity of public corporations, it is possible to conclude that certain types of these entities may enjoy the rights envisaged in the ECHR (international treaty) and consequently, might be considered subjects of international law. The examination of the case-law does not allow one to make a precise list of the types of public corporations that are permitted to lodge their complaints with the ECtHR. Everything depends on the character of the activity of the entity and the relevant circumstances of the case. The NGO test developed by the ECtHR can serve as a useful tool for a determination of whether an entity may be successful in the proceedings under the ECHR. The rules of public international law on attribution as summarised in Chapter II of the ARSIWA 2001 are of relevance too, though the ECtHR do not often refer to them directly. Nonetheless, its practice is in compliance with general public international law.

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