Mistake of Fact in the Establishment of Attribution

In this chapter, the author addresses how a mistake of fact can affect the evaluation of attribution under the law of State responsibility. First, the author sets out the basic premises of the law of responsibility according to existing consensus. Second, the author addresses the different conceptions of ‘attribution’ in international and municipal law. Third, two specific areas are discussed where mistakes of fact can have an influence in terms of attribution (the theory of appearance and the concept of acknowledgement and adoption).