Sharing Responsibility Between Non-State Actors and States In International Law: Introduction

62 Netherlands International Law Review 49-67, 2015

Amsterdam Center for International Law No. 2015-13

Amsterdam Law School Research Paper No. 2015-24

21 Pages Posted: 1 Jul 2015 Last revised: 6 Aug 2016

See all articles by Jean d'Aspremont

Jean d'Aspremont

Sciences Po Law School; University of Manchester - School of Law

Andre Nollkaemper

University of Amsterdam - Amsterdam Center for International Law

Ilias Plakokefalos

Utrecht University

Cedric Ryngaert

Utrecht University School of Law (the Netherlands)

Date Written: June 29, 2015

Abstract

There exists a range of situations where non-state actors and states can possibly share responsibility for their contribution to harmful outcomes, thereby raising a multitude of questions on the determination, content and implementation of responsibility in such a scenario. It may be tempting to adopt an approach whereby a shared responsibility regime involving non-state actors and states draws ex post on the regime put in place by the ILC Articles on Responsibility of States for Internationally Wrongful Acts, especially in connection to the rules of attribution of conduct and attribution of responsibility. Such a model of international responsibility, however, would only work to the extent that addressees are bound by primary norms of international law in the first place. This is certainly not a given in respect of non-state actors. Moreover, non-state actors may differ fundamentally from states, thereby making the transposition of traditional rules of state responsibility artificial and inadequate: their loosely organised, temporary, diverse, illegitimate, or even outright criminal character may militate against applying the classic responsibility paradigm to non-state-state interactions. In view of these limitations, a turn to an ex ante approach to questions of shared responsibility, through standard-setting, has been suggested, and may be cautiously supported in respect of the activities of a number of non-state actors. This, however, is not exclusive to the simultaneous application of ex post and ex ante approaches to shared responsibility.

Keywords: international law, shared responsibility, non-state actors, states, wrongful acts, harmful outcomes, primary obligations, standard-setting

JEL Classification: K33

Suggested Citation

d'Aspremont, Jean and Nollkaemper, Andre and Plakokefalos, Ilias and Ryngaert, Cedric, Sharing Responsibility Between Non-State Actors and States In International Law: Introduction (June 29, 2015). 62 Netherlands International Law Review 49-67, 2015; Amsterdam Center for International Law No. 2015-13; Amsterdam Law School Research Paper No. 2015-24. Available at SSRN: https://ssrn.com/abstract=2624567

Jean D'Aspremont (Contact Author)

Sciences Po Law School ( email )

13 rue de l'université
Paris, 75007
France

HOME PAGE: http://www.sciencespo.fr/ecole-de-droit/en/profile/daspremont-jean

University of Manchester - School of Law ( email )

Oxford Road
Manchester M13 9PL, M139PL
United Kingdom

HOME PAGE: http://www.manchester.ac.uk/research/Jean.daspremont/

Andre Nollkaemper

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/

Ilias Plakokefalos

Utrecht University ( email )

Janskerkhof 3
Utrecht, 3512 BK
Netherlands

Cedric Ryngaert

Utrecht University School of Law (the Netherlands) ( email )

3508 TC Utrecht
Utrecht
Netherlands

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