321. Disputes involving the state acting in its public capacity.

Procedures classified in domestic systems under the public or administrative law heading may fall within the scope of Article 61 if the outcome of the dispute is directly decisive of a right of a private nature whether bestowed on a party to the dispute, or on a third party2. Of particular importance in this context has been consideration of whether any discretion vested in the state precludes some benefit claimed by a person from properly being considered a right