Procedural Aspects of Shared Responsibility in the European Court of Human Rights
SHARES Research Paper 17 (2012), ACIL 2012-16
This article is part of the collection of papers on Procedural Aspects of Shared Responsibility in International Adjudication. Published in (2013) 4(2) Journal of International Dispute Settlement 361-383.
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 rules of the Court may facilitate or obstruct multilateral dispute settlement and to what extent they may contribute to the development of the substantive law on situations of “shared” responsibility. Some key procedural aspects that are discussed are: jurisdiction, standing, joinder of cases, the “indispensable parties rule”, third party intervention, fact finding, interim orders and issues of reparation.