Principles of Shared Responsibility in International Law: An Appraisal of the State of the Art

ISBN-13: 9781107078512 / Angielski / Twarda / 2014 / 397 str.

Andre Nollkaemper; Ilias Plakokefalos

Opis

The Shared Responsibility in International Law series examines the underexplored problem of allocation of responsibilities among multiple states and other actors. The International Law Commission, in its work on state responsibility and the responsibility of international organisations, recognised that attribution of acts to one state or organisation does not exclude possible attribution of the same act to another state or organisation, but has provided limited guidance on allocation or reparation. From the new perspective of shared responsibility, this volume reviews the main principles of the law of international responsibility as laid down in the Articles on State Responsibility and the Articles on Responsibility of International Organizations, such as attribution of conduct, breach, circumstances precluding wrongfulness and reparation. It explores the potential and limitations of current international law in dealing with questions of shared responsibility in areas such as military operations and international environmental law.

Spis treści

1. Introduction André Nollkaemper; 2. Breach of international obligations Andrea Gattini; 3. Attribution of conduct Francesco Messineo; 4. Attribution of responsibility James D. Fry; 5. Complicity in an internationally wrongful act Vladyslav Lanovoy; 6. Circumstances precluding wrongfulness Helmut Philipp Aust; 7. Reparation, cessation, assurances and guarantees of non-repetition Pierre d'Argent; 8. Invocation of responsibility Annemarieke Vermeer-Künzli; 9. Serious breaches of peremptory norms Eric Wyler and León Castellanos-Jankiewicz; 10. Countermeasures against multiple responsible actors Christian J. Tams; 11. Conclusions André Nollkaemper and Ilias Plakokefalos.