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Issues of Shared Responsibility Before the International Court of Justice

Amsterdam Law School Research Paper No. 2011-01

Amsterdam Center for International Law No. 2011-01

51 Pages Posted: 9 Apr 2011  

Andre Nollkaemper

University of Amsterdam - Amsterdam Center for International Law

Date Written: April 8, 2011

Abstract

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 policies, or acts that contribute to global environmental problems. The principles applicable to cases of shared responsibility are not well developed. In order to lay a foundation for further study on the topic, this paper systematizes the case law of the International Court of Justice pertaining to shared responsibility. It assesses how the ICJ has treated certain core aspects pertaining to shared responsibility in such cases as Corfu Channel, Certain Phosphate Lands in Nauru, East Timor and the Legality of the Use of Force, and identifies the questions that require further theoretical work.

Keywords: International law, international responsibility, state responsibility, International Court of Justice, reparation

Suggested Citation

Nollkaemper, Andre, Issues of Shared Responsibility Before the International Court of Justice (April 8, 2011). Amsterdam Law School Research Paper No. 2011-01. Available at SSRN: https://ssrn.com/abstract=1805696 or http://dx.doi.org/10.2139/ssrn.1805696

Andre Nollkaemper (Contact Author)

University of Amsterdam - Amsterdam Center for International Law ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

HOME PAGE: http://home.medewerker.uva.nl/p.a.nollkaemper/

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