International Arbitration: State Responsibility
By Davy Karkason
Founding Attorney

International arbitration is a complex process involving multiple parties. It is essential that each party understands their role and responsibilities in the process. One key concept to grasp when it comes to international arbitration is state responsibility. This article will explore what state responsibility is and why it matters for international arbitration. 

What is State Responsibility? 

State responsibility generally refers to the obligations of sovereign states under international law. These obligations are based on the principles of sovereignty and reciprocity between states. They include respecting the territorial integrity of other states, upholding human rights and environmental standards, and refraining from using force against another nation-state or intervening in its internal affairs. In other words, state responsibility involves obligations that all nations must fulfill for international relations to remain peaceful and stable. 

The Role of State Responsibility in International Arbitration 

State responsibility plays an essential role to determine how disputes between countries are resolved in international arbitration. If a dispute cannot be resolved through negotiations or other forms of diplomacy, both countries may submit it to an international tribunal or arbitral institution, as agreed. Typically, this requires both countries to comply with certain rules of procedure established by a third party, such as the United Nations or European Union, which outline the terms under which each country must abide during arbitration. Additionally, both countries must accept specific duties regarding their conduct throughout the proceedings. “State responsibility” refers to the duties that oblige each country to adhere to particular standards when resolving disputes with another nation-state through arbitration. Ultimately, state responsibility enables settling international disputes amicably without resorting to war or military action.

For more information about state responsibility visit What are the International Law Commission’s Articles on State Responsibility? – Transnational Matters


State responsibility guarantees peaceful and fair resolution of international disputes through arbitration instead of resorting to violence or military action. By understanding state responsibility and its implications for international arbitration, governments can better prepare themselves for any potential disputes that may arise with other nations in the future. Furthermore, governments can ensure efficient and effective handling of their disputes while protecting their respective interests throughout the process, by agreeing to uphold certain standards during arbitration proceedings, such as adhering to predetermined rules of procedure. Ultimately, state responsibility enables settling international disputes amicably without resorting to drastic measures such as war or military action. For more information about State Responsibility, please visit International law – The responsibility of states | Britannica

About the Author
As a lawyer and the founder of Transnational Matters, Davy Aaron Karkason represents numerous international companies and a wide variety of industries in Florida, the U.S., and abroad. He is dedicated to fighting against unjust expropriation and unfair treatment of any individual or entity involved in an international matter. Mr. Karason received his B.A. in Political Science & International Relations with a Minor in Criminal Justice from Nova Southeastern University. If you have any questions about this article you can contact Davy Karkason through our contact page.