Looked at through the topic of State responsibility, chapter five underlines the continued importance and relevance of the general rules of international law in addressing some of the challenges encountered when dealing with State corporate ownership and human rights. The first part of the chapter provides an introduction to the nature and scope of State responsibility in international law with particular emphasis being placed on the role and process of attribution. In this context, the rules of attribution found in Articles 4, 5 and 8 of the International Law Commission Articles on the Responsibility of States for Internationally Wrongful Acts are examined in detail. The second part of the chapter analyses how the concept of due diligence becomes relevant when certain acts and omissions cannot be attributed to the State because those acts are not perpetrated by State organs, by actors that exercise governmental authority, or by those that are not under the 'effective control' of the State. In such cases, States, can nevertheless, be held responsible for a failure to act diligently to take all the necessary measures to prevent or punish the occurrence of a specific act.

"Chapter II critically analyses the application of secondary rules of international law in the context of member State participation in international financial institutions. It begins by looking into the evolution of discussions on member State responsibility, culminating in the regime devised by the ILC in Part V of the ARIO. In this exercise, it sheds light on how -member States’ governance role was acknowledged all along. Based on identified insufficiencies in the ARIO in that respect, the Chapter subsequently examines whether member State governance may rather lead to member State responsibility for their own wrongful acts performed in an institutional setting. It thus concentrates on attribution rules. Inspired by contexts where member States act as implementers of institutional decisions and as troop contributors, the focus is placed on their participation in the representative organs of international financial institutions. Firstly, the international legal status of Executive Directors is explored, to demonstrate that, despite the duality inherent in their role, they can be considered State organs. Secondly, attention is brought to the dynamics of decision-making, which attest to the notion that voting emerges as a corollary of the power of sovereign representation, and should therefore be deemed conduct attributable to the State.