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

2011

Joint Responsibility between the EU and Member States for Non-Performance of Obligations under Multilateral Environmental Agreements

André Nollkaemper

This chapter explores the basis and manifestations of joint responsibility between the European Union (EU) and its Member States for non-performance of obligations contained in multilateral environmental agreements (MEAs). Joint responsibility has often been advanced as an attractive solution where … Read more

2013

Procedural Aspects of Shared Responsibility in International Adjudication: Introduction

André Nollkaemper

The procedural rules of international courts are key to the ability of such courts to adjudicate questions of shared responsibility. These procedural rules, as well as the practice of international courts, vary widely and have not yet been subject of … Read more

2013

Wither Aut Dedere? The Obligation to Extradite or Prosecute after the ICJ’s Judgment in Belgium v Senegal

André Nollkaemper

In this article the question will be explored that was raised, but not fully addressed, in the Questions relating to the Obligation to Prosecute or Extradite (Belgium v Senegal) case: does a state that has custody over a person who is … Read more

2014

Reparation, Cessation, Assurances and Guarantees of Non-Repetition

Pierre d'Argent

This chapter has been published in the first edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), Principles of Shared Responsibility in International Law: An Appraisal of the State of the Art (Cambridge: Cambridge University Press, … Read more

2014

Serious Breaches of Peremptory Norms

Eric A. Wyler and León A. Castellanos-Jankiewicz

This chapter has been published in the first edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), Principles of Shared Responsibility in International Law: An Appraisal of the State of the Art (Cambridge: Cambridge University Press, … Read more

2014

Complicity in an Internationally Wrongful Act

Vladyslav Lanovoy

This chapter has been published in the first edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), Principles of Shared Responsibility in International Law: An Appraisal of the State of the Art (Cambridge: Cambridge University Press, … Read more

2014

Attribution of Responsibility

James D. Fry

This chapter has been published in the first edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), Principles of Shared Responsibility in International Law: An Appraisal of the State of the Art (Cambridge: Cambridge University Press, … Read more

2014

Invocation of Responsibility

Annemarieke Vermeer-Künzli

This chapter has been published in the first edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), Principles of Shared Responsibility in International Law: An Appraisal of the State of the Art (Cambridge: Cambridge University Press, … Read more

2014

Countermeasures against Multiple Responsible Actors

Christian J. Tams

This chapter has been published in the first edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), Principles of Shared Responsibility in International Law: An Appraisal of the State of the Art (Cambridge: Cambridge University Press, … Read more

2014

Circumstances Precluding Wrongfulness

Helmut Philipp Aust

This chapter has been published in the first edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), Principles of Shared Responsibility in International Law: An Appraisal of the State of the Art (Cambridge: Cambridge University Press, … Read more

2014

Attribution of Conduct

Francesco Messineo

This chapter has been published in the first edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), Principles of Shared Responsibility in International Law: An Appraisal of the State of the Art (Cambridge: Cambridge University Press, … Read more

2014

Breach of International Obligations

Andrea Gattini

This chapter has been published in the first edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), Principles of Shared Responsibility in International Law: An Appraisal of the State of the Art (Cambridge: Cambridge University Press, … Read more

2013

‘Failures to Protect’ in International Law

André Nollkaemper

Every new mass atrocity tends to provoke a critique of outside actors that failed to protect populations. Many observers are no longer content with condemning perpetrators and extend their moral outrage to bystanders who should have done more. However, from … Read more

2012

Shared Responsibility Aspects of the Dispute Settlement Procedures in the Law of the Sea Convention

Ilias Plakokefalos

The concept of shared responsibility seeks to capture the situation where a multiplicity of actors contribute towards a single harmful outcome. This paper examines the procedural aspects of shared responsibility as they appear in the United Nations Convention on the … Read more

2012

Procedural Issues relating to Shared Responsibility in Arbitral Proceedings

Freya Baetens

International arbitration is a particularly suitable dispute resolution mechanism for addressing shared responsibility issues, due to its flexible procedural rules allowing for a multitude of parties, including States and non-State actors. This paper analyses six procedural rule-sets (UNCITRAL, PCA, ICSID, … Read more

2012

Procedural Aspects of Shared Responsibility in the WTO Dispute Settlement System

Lorand Bartels

An international actor is responsible under international law when an act attributable to it causes a breach of an obligation by which it is bound. Sometimes third party actors can share elements of that responsibility. At the one end of … Read more

2012

Shared Responsibility in the International Court of Justice

Martins Paparinskis

In recent years, the International Court of Justice has been increasingly asked to adjudicate upon claims of State responsibility that raise or at least touch upon the possibility of international responsibility of multiple entities. In different substantive contexts, these cases … Read more

2012

Procedural Aspects of Shared Responsibility in the European Court of Human Rights

Maarten den Heijer

This article explores how the European Court of Human Rights handles human rights complaints that involve multiple responsible entities and how its procedural organisation influences its capability to allocate responsibility amongst different entities. It identifies to what extent relevant procedural … Read more

2015

Protecting Witnesses at the International Criminal Court from Refoulement

Emma Irving

International criminal trials are often contentious in the countries where the alleged crimes took place, and participation in them can place witnesses at risk. Where the risk to a witness is particularly severe, it may not be possible for that … Read more

2014

Are Control Tests Fit for the Future? The Slippage Problem in Attribution Doctrines

Kristen E. Boon

When do subjects of international law bear responsibility for the acts of others? It is often a question of control. Control is an essential element of the doctrine of attribution, defining the legal relationship between states, international organisations (‘IOs’), and … Read more

2015

Re-Reading Vitoria: Re-Conceptualising the Responsibility of Rebel Movements

Kathryn Greenman

This article begins with an analysis of the concept of responsibility elaborated in the jurisprudence of Francisco de Vitoria. It is argued that Vitoria’s concept of responsibility plays a central role in his construction of an international legal framework for … Read more

2014

Attribution – Responsibility – Remedy. Some comments on the EU in different international regimes

Pieter Jan Kuijper

Often in the discussion of the allocation of international responsibility between an international organization and its Member States for unlawful acts pride of place is given to the allocation of powers or competences between the organization and its Member States. … Read more

2013

The Elusive Allocation of Responsibility to Informal Organizations: The Case of the Quartet on the Middle East

John Dugard and Annemarieke Vermeer-Künzli

This paper considers the question of responsibility for omissions of the Quartet on the Middle East. The Quartet was created to assist in the peace process between Israel and Palestine. Its core document is the Roadmap, but in recent years … Read more

2013

A European Law of International Responsibility? The Articles on the Responsibility of International Organizations and the European Union

Jean d’Aspremont

The first section of this paper will briefly describe the plea made by the European Union for recognition of special rules of responsibility for regional economic integration organizations, with an emphasis on rules on attribution (Part 1). The paper will … Read more

2013

The Law of International Responsibility and Multilayered Institutional Veils: the Case of Authorized Regional Peace-Enforcement Operations

Jean d'Aspremont

This short article sheds some light on the difficulties inherent in the application of international responsibility mechanisms to situations of authorized regional uses of force. It shows the extent to which the double institutional veil that characterizes these situations comes … Read more

2014

Responsibility for Human Rights Violations Arising from the Use of Privately Contracted Armed Security Personnel against Piracy. Re-Emphasizing the Primary Role and Obligations of Flag States

Jessica N.M. Schechinger

Maritime piracy is an ancient problem that harms, either directly or indirectly, many states as well as non-state actors. Although the law on piracy seems in principle adequately equipped to deal with the problem, states have not been able to … Read more

2014

Concerted Adjudication in Cases of Shared Responsibility

André Nollkaemper

In this article, I address the question of the grounds on which an international court that is asked to determine the responsibility of a state and the possible consequences thereof should attach weight to prior judicial findings by different courts … Read more


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