Abstract

This article shows how the two large Chilean state-owned enterprises of the extractive sector, ENAP and CODELCO, may cause international state responsibility for internationally 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.