Distribution of Responsibilities in International Law

André Nollkaemper, Dov Jacobs, Jessica N. M. Schechinger

• Publisher: Cambridge University Press
• Year: 2015
• Print ISBN: 9781107107083
• eBook ISBN: 9781316405383
• Topic: Law
• Subtopic: International Law
• Index: Law

This is the second book in the series Shared Responsibility in International Law, which examines the problem of distribution of responsibilities among multiple states and other actors. In its work on the responsibility of states and international organisations, the International Law Commission recognised that attribution of acts to one actor does not exclude possible attribution of the same act to another state or organisation. However, it provided limited guidance for the often complex question of how responsibility is to be distributed among wrongdoing actors. This study fills that gap by shedding light on principles of distribution from extra-legal perspectives. Drawing on disciplines such as political theory, moral philosophy, and economics, this volume enquires into the bases and justifications for apportionment of responsibilities that can support a critique of current international law, offers insight into the justification of alternative interpretations, and provides inspiration for reform and further development of international law.

Table of contents

• Cover
• Half-title
• Series information
• Title page
• Copyright information
• Table of contents
• List of contributors
• Editors’ preface
• Table of treaties and other international legal instruments
• Table of cases
• List of abbreviations
• 1 Introduction: Mapping the Normative Framework for the Distribution of Shared Responsibility
• 2 Shared Responsibility in International Law: A Normative-Philosophical Analysis
• 3 Shared Political Responsibility
• 4 Ex Ante and Ex Post Allocation of International Legal Responsibility
• 5 Incentives, Compensation, and Irreparable Harm
• 6 Shared Responsibility in International Law: A Political Economy Analysis
• 7 Public Power and Preventive Responsibility: Attributing the Wrongs of International Joint Ventures
• 8 ‘Coalitions of the Willing’ and the Shared Responsibility to Protect
• 9 Distributing the Responsibility to Protect
• 10 The Problem of Shared Irresponsibility in International Climate Law
• 11 Transboundary Damage in Climate Change Criteria for Allocating Responsibility
• 12 Shared Responsibility for Climate Change: From Guilt to Taxes
• 13 How to Keep Promises: Making Sense of the Duty Among Multiple States to Fulfil Socio-Economic Rights in the World
• 14 Pirate ‘Gaolbalisation’: Dividing Responsibility Among States, Companies, and Criminals
• 15 The Global Financial Crisis and Collective Moral Responsibility
• Index