Research papers

Publications

2016

The Practice of Shared Responsibility in relation to Responsibility of States and Individuals for Mass Atrocity Crimes

Gentian Zyberi

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

Shared Responsibility in North Atlantic Treaty Organization-led Operations

Marten Zwanenburg

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

Shared Responsibility and International Investment Law

Stephan Wittich

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

Shared Responsibility Aspects in Search and Rescue Operations at Sea

Seline Trevisanut

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

Shared Responsibility in Coalitions of the Willing

Matteo Tondini

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

The Practice of Shared Responsibility in relation to Land-Based Marine Pollution

Yoshifumi Tanaka

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

The Practice of Shared Responsibility in relation to Fisheries

Yoshinobu Takei

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

The Practice of Shared Responsibility in relation to International Criminal Tribunals and their Relation to States

Göran Sluiter

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

The Practice of Shared Responsibility in relation to Ship-Source Marine Pollution

Henrik Ringbom

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

The Practice of Shared Responsibility in relation to Energy

Catherine Redgwell

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

The Practice of Shared Responsibility in relation to Liability for Transboundary Harm

Ilias Plakokefalos

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

The Practice of Shared Responsibility in relation to Environmental Protection of the Deep Seabed

Ilias Plakokefalos

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

The Practice of Shared Responsibility in relation to Piracy

Efthymios Papastavridis

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

Shared Responsibility in the Framework of the European Union’s Common Security Defense Policy Operations

Frederik Naert

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

The Practice of Shared Responsibility of United Nations Peacekeeping Operations for Harmful Outcomes

Ray Murphy and Siobhan Wills

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

The Practice of Shared Responsibility in relation to Occupation

Enrico Milano

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

The Practice of Shared Responsibility in relation to Transboundary Water Resources

Owen McIntyre

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

The Practice of Shared Responsibility in relation to Private Military Contractors

Chia Lehnardt

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

The Practice of Shared Responsibility in relation to Transboundary Movement of Hazardous Waste and Chemicals

Katharina Kummer Peiry

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

Shared Responsibility Issues Arising in the Arms Control Law Area

Daniel Joyner

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

The Practice of Shared Responsibility in relation to Cross Border Law Enforcement

Saskia Hufnagel

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

The Practice of Shared Responsibility in relation to Refoulement

Maarten den Heijer

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

The Practice of Shared Responsibility in relation to Private Actor Involvement in Migration Management

Thomas Gammeltoft-Hansen

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

The Practice of Shared Responsibility in relation to International Drug Control

Patrick Gallahue

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

The Practice of Shared Responsibility in relation to Human Rights and Human Trafficking

Anne Gallagher

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

The Practice of Shared Responsibility in relation to Extraterritorial Refugee Protection

Niels Frenzen

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

The Practice of Shared Responsibility in relation to The World Trade Organization and the European Union and its Member States in the WTO

James Flett

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

The Practice of Shared Responsibility in relation to Detention and Interrogation Abroad: The ‘Extraordinary Rendition’ Programme

Helen Duffy

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

The Practice of Shared Responsibility in relation to Extradition

Aristoteles Constantinides

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

Antarctica: Shared Responsibility for Cumulative Environmental Impacts

Kees Bastmeijer

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

The Practice of Shared Responsibility in relation to Multinational Corporations

Olufemi Amao

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2016

Shared Responsibility for African Union Operations

Ademola Abass

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2015

The Problem of Many Hands in International Law

André Nollkaemper

This paper examines the phenomenon of diffusion of responsibility from a political economy perspective. It argues that concerted actions that lead to harmful outcomes may trigger a diffusion of responsibility between States, international organisations (IOs) and other actors involved in … Read more

2015

The Practice of Shared Responsibility in relation to Climate Change

Jacqueline Peel

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2015

The Practice of Shared Responsibility and Liability in Space Law

Pablo Mendes de Leon and Hanneke van Traa

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2015

The Practice of Shared Responsibility for Transboundary Air Pollution

Peter H. Sand

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2015

The Practice of Shared Responsibility in relation to Nature Conservation

Arie Trouwborst

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2015

The Practice of Shared Responsibility in relation to Territorial Leases

Michael J. Strauss

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2015

The Practice of Shared Responsibility in relation to Federal States

Gleider I. Hernández

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2015

The Practice of Shared Responsibility in relation to Internationally Administered Territories

Matthew Saul

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2015

Private Security Companies and Shared Responsibility: The Turn to Multistakeholder Standard-Setting and Monitoring through Self-Regulation-‘Plus’

Sorcha MacLeod

The rapid and increasing outsourcing of security services by states to Private Security Companies (PSCs) in recent years and associated human rights violations have served as one of the catalysts for long overdue regulation of the global PSC industry. As … Read more

2015

Shared Responsibility and Non-State Terrorist Actors

Kimberley Trapp

International law presently addresses the unique challenge to international peace and security posed by trans-national terrorism through two frameworks of responsibility: first, individual criminal responsibility; second, state responsibility. These two frameworks of responsibility are not mutually exclusive and this article … Read more

2015

Armed Opposition Groups and Shared Responsibility

Veronika Bílková

Modern armed conflicts are characterised by numerous interactions between armed opposition groups and other actors (states, international organisations, other non-state actors etc.). Some of these interactions result in harmful outcomes that cannot be easily attributed to a single actor. Issues … 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

2015

Shared Responsibility and Multinational Enterprises

Markos Karavias

The relationship between public international law and multinational enterprises (MNEs) has over the last decades emerged as one of the most hotly debated topics in theory and practice. Arguments have often been voiced for the creation of international law obligations … 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

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

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

2014

‘Coalitions of the Willing’ and the Shared Responsibility to Protect

Toni Erskine

This chapter is forthcoming in the second edited volume of the SHARES book series: André Nollkaemper and Dov Jacobs (eds.), Distribution of Responsibilities in International Law (Cambridge: Cambridge University Press, 2015).

2014

Ex Ante and Ex Post Allocation of International Legal Responsibility

Joel P. Trachtman

This chapter is forthcoming in the second edited volume of the SHARES book series: André Nollkaemper and Dov Jacobs (eds.), Distribution of Responsibilities in International Law (Cambridge: Cambridge University Press, 2015).

2014

The Problem of Shared Irresponsibility in International Climate Law

Daniel H. Cole

This chapter is forthcoming in the second edited volume of the SHARES book series: André Nollkaemper and Dov Jacobs (eds.), Distribution of Responsibilities in International Law (Cambridge: Cambridge University Press, 2015).

2014

How to Keep Promises: Making Sense of the Duty Among Multiple States to Fulfil Socio-Economic Rights in the World

Margot E. Salomon

This chapter is forthcoming in the second edited volume of the SHARES book series: André Nollkaemper and Dov Jacobs (eds.), Distribution of Responsibilities in International Law (Cambridge: Cambridge University Press, 2015).

2014

The Global Financial Crisis and Collective Moral Responsibility

Seumas Miller

This chapter is forthcoming in the second edited volume of the SHARES book series: André Nollkaemper and Dov Jacobs (eds.), Distribution of Responsibilities in International Law (Cambridge: Cambridge University Press, 2015).

2014

Public Power and Preventive Responsibility: Attributing the Wrongs of International Joint Ventures

Tom Dannenbaum

This chapter is forthcoming in the second edited volume of the SHARES book series: André Nollkaemper and Dov Jacobs (eds.), Distribution of Responsibilities in International Law (Cambridge: Cambridge University Press, 2015).

2014

Pirate ‘Gaolbalisation’: Dividing Responsibility among Countries, Companies, and Criminals

Eugene Kontorovich

This chapter is forthcoming in the second edited volume of the SHARES book series: André Nollkaemper and Dov Jacobs (eds.), Distribution of Responsibilities in International Law (Cambridge: Cambridge University Press, 2015).

2014

Distributing the Responsibility to Protect

Monica Hakimi

This chapter is forthcoming in the second edited volume of the SHARES book series: André Nollkaemper and Dov Jacobs (eds.), Distribution of Responsibilities in International Law (Cambridge: Cambridge University Press, 2015).

2014

Incentives, Compensation, and Irreparable Harm

Lewis A. Kornhauser

This chapter is forthcoming in the second edited volume of the SHARES book series: André Nollkaemper and Dov Jacobs (eds.), Distribution of Responsibilities in International Law (Cambridge: Cambridge University Press, 2015).

2014

Shared National Responsibility for Climate Change: From Guilt to Taxes

Christopher L. Kutz

This chapter is forthcoming in the second edited volume of the SHARES book series: André Nollkaemper and Dov Jacobs (eds.), Distribution of Responsibilities in International Law (Cambridge: Cambridge University Press, 2015).

2014

Shared Responsibilities in International Law: A Political Economy Analysis

Anne van Aaken

This chapter is forthcoming in the second edited volume of the SHARES book series: André Nollkaemper and Dov Jacobs (eds.), Distribution of Responsibilities in International Law (Cambridge: Cambridge University Press, 2015).

2014

Transboundary Damage in Climate Change: Criteria for Allocating Responsibility

Henry Shue

This chapter is forthcoming in the second edited volume of the SHARES book series: André Nollkaemper and Dov Jacobs (eds.), Distribution of Responsibilities in International Law (Cambridge: Cambridge University Press, 2015).

2014

Shared Political Responsibility

Anthony F. Lang, Jr.

This chapter is forthcoming in the second edited volume of the SHARES book series: André Nollkaemper and Dov Jacobs (eds.), Distribution of Responsibilities in International Law (Cambridge: Cambridge University Press, 2015).

2014

Shared Responsibility in International Law: A Normative-Philosophical Analysis

Roland Pierik

This chapter is forthcoming in the second edited volume of the SHARES book series: André Nollkaemper and Dov Jacobs (eds.), Distribution of Responsibilities in International Law (Cambridge: Cambridge University Press, 2015).

2014

Power and Responsibility

André Nollkaemper

This paper critically reviews the popular proposition that ‘power breeds responsibility’. It first explains why this proposition is intuitively appealing. Particularly in situations where multiple actors contribute to harm, power can be a criterion for determining who of a multitude … Read more

2014

Proving the Extraordinary – Issues of Evidence and Attribution in Cases of Extraordinary Rendition

William Byrne

This paper, written by an LLM student at the University of Amsterdam, is a revised version of his master thesis. Abstract: A number of cases before the UN Human Rights Committee, the UN Committee Against Torture, and the European Court of … 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

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

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

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

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

2014

The Relationship between the International Criminal Court and its Host State: Impact on Human Rights

Emma Irving

When an international criminal tribunal establishes its headquarters in a State, its legal relationship with that State must be carved out. This legal relationship has the potential to exclude the applicability of human rights protection by curtailing the host State’s … Read more

2013

To Share or Not to Share? The Allocation of Responsibility between International Organizations and their Member States

Christiane Ahlborn

This paper will discuss the costs and benefits of sharing responsibility between states and international organizations for their own internationally wrongful acts. Rules on shared responsibility are sparse in the existing law of international responsibility as codified by the International … 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

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

2013

The Relations Between the European Union and its Member States from the Perspective of the ILC Articles on Responsibility of International Organizations

Giorgio Gaja

This article is the text of the SHARES lecture Judge Giorgio Gaja gave at the University of Amsterdam on 11 April 2013, entitled: ‘The relations between the European Union and its member states from the perspective of the ILC Articles on Responsibility of International Organizations’.

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

2013

The Right to Development and State Responsibility

Nienke van der Have

The right to development is still largely viewed as aspirational and not as a ‘proper’ legal right. This chapter explores if and how a rights-based approach to development could ever be carried to its logical conclusion; by holding states accountable … 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

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

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

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 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

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

Shared Responsibility for the Prevention of Genocide?

Mindia Vashakmadze

The legal obligations to prevent genocide are well-established in international law. However, their allocation between different actors is still under discussion. The law does not give satisfactory answers in terms of the role of multiple actors and their corresponding responsibilities … 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

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

Shared Accountability of the European Union and its Member States within the Climate Change Regime

Anne-Sophie Tabau

This paper addresses the distribution of accountability between the European Union (EU) and its Member States under the current and future climate regime. Belonging to a field of shared competence between the EU and its Member States, the climate regime … Read more

2012

Multiple Attribution of Conduct

Francesco Messineo

This paper investigates whether rules on attribution of conduct under the Articles on State Responsibility (ASR) and the Articles on the Responsibility of International Organization (ARIO) can be purposefully used to assess and adjudicate issues of shared responsibility. Obviously, co-authorship … 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

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

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

Causation and International State Responsibility

León Castellanos-Jankiewicz

This work studies causation in the law of international State responsibility. It is submitted that the absence of causation as an element of the internationally wrongful act owes more to the structure of international law, than to the inadequateness of … Read more

2012

Issues of Shared Responsibility before the European Court of Human Rights

Maarten den Heijer

The European Court of Human Rights is probably the international court with the most extensive case law on situations involving a single injury and multiple contributing States. This paper examines how the ECtHR decides such cases and explores to what … 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

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

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


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