25 November 2011

The Seabed Disputes Chamber clarified the meaning of joint and several liability (but also raised new questions)

The principle of joint liability in undeveloped in international law. Though some treaties refer to it, and several scholarly articles that have recognized its importance for situations where multiple actors cause injury, the scope and contents of the principle remain uncertain. It is therefore of some importance that the Advisory Opinion of the Seabed Disputes Chamber of ITLOS on Responsibilities and Obligations of States sponsoring persons and entities with respect to activities in the Area (1 February 2011) discussed the principle. In his presentation at the SHARES Seminar on Shared Responsibility in Environmental Law, held at ACIL on 7 November 2011, Judge Treves provided further insight into these, until now somewhat neglected, aspects of the Opinion. (more…)