Procedural Aspects of Shared Responsibility in the WTO Dispute Settlement System

(2013) 4(2) Journal of International Dispute Settlement, Forthcoming

University of Cambridge Faculty of Law Research Paper No. 27-2012

19 Pages Posted: 27 Nov 2012 Last revised: 24 Jan 2013

See all articles by Lorand Bartels

Lorand Bartels

University of Cambridge - Faculty of Law

Date Written: November 27, 2012

Abstract

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 the spectrum, a third party can fully share the responsibility of the primary party. More modestly, the acts of a third party can have a bearing on the responsibility of the primary party without this necessarily impacting on its own responsibility. There are two main ways in which this can happen: the first is when the same act is attributable both to the primary party and to the third party; the second is when the act of the primary party and a different act of the third party together cause the breach of the obligation of the primary party. This article looks at how, thus defined, third parties sharing elements of responsibility with a primary actor are taken into account in WTO dispute settlement proceedings.

Keywords: public international law, WTO law, state responsibility, responsibility of international organisations, causation, attribution, indispensable third parties

JEL Classification: K33

Suggested Citation

Bartels, Lorand, Procedural Aspects of Shared Responsibility in the WTO Dispute Settlement System (November 27, 2012). (2013) 4(2) Journal of International Dispute Settlement, Forthcoming; University of Cambridge Faculty of Law Research Paper No. 27-2012. Available at SSRN: https://ssrn.com/abstract=2181526 or http://dx.doi.org/10.2139/ssrn.2181526

Lorand Bartels (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

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