2015
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
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
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
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
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
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
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 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 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
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
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
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
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
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
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
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
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
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 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
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
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 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 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
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
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
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
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
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
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