2012
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
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
2011
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
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
2011
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
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
2012
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
2012
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
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
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
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
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
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
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
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
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
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
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
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
2013
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
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 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
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
14 April 2013
The Journal of International Dispute Settlement has published a collection of papers on Procedural Aspects of Shared Responsibility in International Adjudication that was written in the context of the SHARES project online here. The collection of papers is published in: 4(2) Journal of International Dispute Settlement (2013) and contains contributions written by:
André Nollkaemper (Introduction: Procedural Aspects of Shared Responsibility in International Adjudication); Martins Paparinskis (Procedural Aspects of Shared Responsibility in the International Court of Justice); Lorand Bartels (Procedural Aspects of Shared Responsibility in the WTO Dispute Settlement System); Freya Baetens (Procedural Issues Relating to Shared Responsibility in Arbitral Proceedings); Maarten Den Heijer (Procedural Aspects of Shared Responsibility in the European Court of Human Rights); and Ilias Plakokefalos (Shared Responsibility Aspects of the Dispute Settlement Procedures in the Law of the Sea Convention).
Source : Journal of international Dispute Settlement | Advance Access articles