OVERALL CONTROL OR EFECTIVE CONTROL: INTERNATIONAL RESPONSIBILITY OF STATE

What is the measure: effective control or overall control? As a general principle, the conduct of private persons or entities is not attributable to the state under international law. Circumstances may arise, however, where such conduct is attributable to the state because there exists a specific factual relationship between the persons or entities engaging in the conduct and the state. More complex issues arise in determining whether conduct was carried out under the control of the state or not. Such a conduct would be attributable to the state only if it controlled the specific operation. The degree of control which must be exercised by the state on the conduct to be attributable is an important and key issue. The question is whether this degree is effective control or overall control. This question consequently discusses fragmentation in a part of international law.