Applying Principles of Shared Responsibility: Countermeasures Against Multiple Responsible Actors

29 Pages Posted: 19 Mar 2014

See all articles by Christian J. Tams

Christian J. Tams

University of Glasgow, School of Law

Date Written: March 17, 2014

Abstract

International law in principle recognises the right of State to resort to countermeasures in response to prior wrongs. However, the regime of countermeasures cannot easily be applied to multilateral situations involving rights and obligations owed to groups of States. That much seems agreed as far as wrongful acts injure a plurality of States - witness long-standing debates about "third party reprisals" taken in defence of general interests.

The present paper looks at another multilateral setting, that of multiple responsible actor. It inquires whether the general right of States to respond to wrongs by way of countermeasure can be exercised against each of the wrongdoing States. In assessing this questions, it draws on the ILC texts on responsibility adopted in 2001 (ARSIWA) and 2011 (DARIO), on international practice, and on case-law.

Keywords: responsibility, countermeasures, reprisals, sanctions, Monetary Gold, state responsibility, shared responsibility, responsibility of international organisations

JEL Classification: K33, K41, K40

Suggested Citation

Tams, Christian J., Applying Principles of Shared Responsibility: Countermeasures Against Multiple Responsible Actors (March 17, 2014). Available at SSRN: https://ssrn.com/abstract=2410456 or http://dx.doi.org/10.2139/ssrn.2410456

Christian J. Tams (Contact Author)

University of Glasgow, School of Law ( email )

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5 - 8 The Square
Glasgow, Scotland G12 8QQ
United Kingdom

HOME PAGE: http://www.gla.ac.uk/schools/law/staff/christiantams/

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