Attributability to the Chilean State of Acts and Omissions of Its State-Owned Enterprises of the Extractive Sector in the Light of the Case-Law of Regional Human Rights Courts

This article shows how the two large Chilean state-owned enterprises of the ex- tractive sector, ENAP and CODELCO, may cause international state responsibility for inter- nationally wrongful acts, for example, in human rights or environmental matters. To do so, we revise general international law and case-law from human rights courts to derive criteria of attribution of acts and omissions of state-owned enterprises to the State. Finally, we apply these criteria to the administrative legislation and practice regarding state-owned enterprises, to conclude that the acts and omissions of the enterprises studied in this article are actually attributable to the State of Chile.