The Agential and Functional Theories of State Responsibility

This chapter distinguishes, compares, and evaluates the two dominant theories of state responsibility. According to the agential theory, states can be held responsible because they are moral agents like human beings. According to the functional theory, states are principals rather than agents. The primary distinction between the two theories of state responsibility is that they rely on different understandings of how corporate entities can act. The chapter then uses the Three Fundamental Questions to bring the agential and functional theories into dialogue and to put them to the test. It argues that neither provides an adequate set of answers. While the 'agent' and 'principal' models of state responsibility are useful in some respects, each has important gaps and blind spots.