Articles and Books

Publications

2007

International Liability as an Instrument to Prevent and Compensate for Climate Change

Michael G Faure and André Nollkaemper

This article examines some of the fundamental questions that would arise in litigation on liability for climate change, covering both domestic and international liability law. It sketches some of the questions and issues that would have to be dealt with … Read more

2007

Abuse of the Legal Personality of International Organizations and the Responsibility of Member States

Jean d'Aspremont

This Article makes the argument that when member states abuse the international legal personality of an international organization through the exercise of an excessive control over the decision-making process of the organization, they must be held, together with the organization, … Read more

2011

Dual attribution: liability of the Netherlands for conduct of Dutchbat in Srebrenica

André Nollkaemper

On 5 July 2011 the Court of Appeal of The Hague held that the state of the Netherlands had acted unlawfully and is liable, under Dutch law, for evicting four Bosnian nationals from the compound of Dutchbat in Srebrenica on … Read more

2012

Responsibility to Protect: From Principle to Practice

Julia Hoffmann and André Nollkaemper

The tragic events in the 1990s in Rwanda, Srebrenica and Kosovo, and the crisis in Libya in 2011 have triggered a fundamental rethinking of the role and responsibility of the international community. It is now accepted that while individual states … Read more

2012

Responsibility of the Netherlands for the Acts of Dutchbat in Nuhanović and Mustafić: The Continuous Quest for a Tangible Meaning for ‘Effective Control’ in the Context of Peacekeeping

Bérénice Boutin

In Nuhanović and Mustafić (5 July 2011), the Court of Appeal of The Hague held the Netherlands liable under Bosnian torts law in relation to acts of Dutchbat in the days following the fall of Srebrenica. The claims were brought … Read more

2011

Issues of Shared Responsibility before the International Court of Justice

André Nollkaemper

An increasing number of situations where international responsibility of states is engaged, involve wrongful acts committed by two or more states. Examples of such situations of shared responsibility can be found in the context of multinational military operations, extra-territorial migration … Read more

2012

Shared Responsibility in International Law: A Conceptual Framework

André Nollkaemper and Dov Jacobs

This paper explores the phenomenon of the sharing of international responsibilities among multiple actors who contribute to injury to third parties. It examines the manifestations of shared responsibility, identifies the normative questions that it raises, assesses its possible consequences for … Read more

2012

The Rules of International Organizations and the Law of International Responsibility

Christiane Ahlborn

This paper discusses the role of the so-called “rules of the organization” in the draft Articles on the Responsibility of International Organizations (DARIO), adopted by the International Law Commission (ILC) on first reading. While the rules of the organization occupy … Read more

2012

International Adjudication of Global Public Goods: The Intersection of Substance and Procedure

André Nollkaemper

International adjudication is a small, but not irrelevant, component in the complex international governance structure through which states and other actors seek to deliver global public goods. This article explores the plurality of connections between the procedural law of international … Read more

2012

Things Could Only Get Better: Al-Jedda Beyond Behrami

Francesco Messineo

In July 2011, the Grand Chamber of the European Court of Human Rights (ECtHR) held in Al-Jedda v. United Kingdom (link) that the UK was responsible for the misconduct of its troops deployed as part of the UN-authorized Multinational Force in … Read more

2012

Responsibility of international organizations ‘in connection with acts of States’

Nataša Nedeski and André Nollkaemper

This article offers some reflections on the way in which the ILC Articles on the Responsibility of International Organizations (ARIO) have addressed the responsibility of international organizations for conduct of member States implementing their normative acts. The ILC has chosen … Read more

2012

The Use of Analogies in Drafting the Articles on the Responsibility of International Organizations – An Appraisal of the ‘Copy-Paste Approach’ –

Christiane Ahlborn

In view of the adoption and future reception of the Articles on the Responsibility of International Organizations (ARIO) on second reading, this contribution seeks to offer some reflections on the ‘copy-paste narrative’ that has characterized the process of drafting the … Read more

2012

The Articles on the Responsibility of International Organizations: Magnifying the Fissures in the Law of International Responsibility

Jean d’Aspremont

It is against the backdrop of the conceptual impairment inherited from the Articles on State Responsibility (hereafter ASR) that this note, rather than zeroing in on what could have been better devised at the micro-level of the Articles on the … Read more