Research Associate Daniel Nicholas Pakpahan published a piece in EJIL:Talk! (Blog of the European Journal of International Law) titled “Attributing commercial acts of public pension funds to the sovereign: A comment on Elliott Associates v. Korea.”

He covered a 2023 Permanent Court of Arbitration award arising from the Korean government’s illicit influence on a state corporation’s investment decision-making which was unfavourable to foreign investors. Particularly, he addressed the interplay between the applicable investment treaty and the law of state responsibility in determining what amounts to a measure “adopted or maintained by” the government.