2.

Joys Are Us is not a parastatal entity

Article 5 of the ARSIWA states that the acts or conducts of a person or an entity, although
not an organ of the State, shall be considered as acts of the State under international law,
provided the said acts or conducts are done in connection to that particular capacity. This article
speaks about parastatal entities that exercise governmental functions in place of State organs.1
These governmental acts only include those which are normally performed by the authorities in
their official capacity.2Joys Are Us is a private multinational corporation which is engaged in the
production of toys and export shipping. One of its ships were used by Ridley for the purpose
only of exporting the toy debris to Aldabra. Joys Are Us is not empowered by the law of the
State to exercise any other function of a public character.

a. Joys Are Us in acting in a private capacity

Article 5 of the ARSIWA states that the parastatal entity is empowered by the State to
exercise functions in place of State Organs. 3 The conduct must specifically be characterized as
one of public character.4 Joys Are Us is a private multinational company which is concerned in
the toy industry. Although one of their cargo ships normally used for the exportation of their toy
products around the globe, was used by Ridley to export the toy debris of the former, the said act
was for the sole purpose of exporting only. Joys Are Us was not instructed by Ridley to perform
any other function of public character.

1
Draft Articles on State Responsibility for Internationally Wrongful Acts, with commentaries
(2011).
2
Claim of the Salvador Commercial Company ("El Triunfo Company"), 15 R.I.A.A. 467, 477
(1902).
3
Draft Articles on State Responsibility for Internationally Wrongful Acts, with commentaries
(2011).
4
U.N. Secretariat, Materials On The Responsibility Of States For Internationally Wrongful Acts,
at 52, U.N. Doc. ST/LEG/SER B/25 (2012).