Latest publications

2012

Procedural Issues relating to Shared Responsibility in Arbitral Proceedings

Freya Baetens

International arbitration is a particularly suitable dispute resolution mechanism for addressing shared responsibility issues, due to its flexible procedural rules allowing for a multitude of parties, including States and non-State actors. This paper analyses six procedural rule-sets (UNCITRAL, PCA, ICSID, … Read more

2012

Procedural Aspects of Shared Responsibility in the European Court of Human Rights

Maarten den Heijer

This article explores how the European Court of Human Rights handles human rights complaints that involve multiple responsible entities and how its procedural organisation influences its capability to allocate responsibility amongst different entities. It identifies to what extent relevant procedural … Read more

2012

Procedural Aspects of Shared Responsibility in the WTO Dispute Settlement System

Lorand Bartels

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 … Read more

2012

Shared Responsibility in the International Court of Justice

Martins Paparinskis

In recent years, the International Court of Justice has been increasingly asked to adjudicate upon claims of State responsibility that raise or at least touch upon the possibility of international responsibility of multiple entities. In different substantive contexts, these cases … Read more

2012

Shared Responsibility for the Prevention of Genocide?

Mindia Vashakmadze

The legal obligations to prevent genocide are well-established in international law. However, their allocation between different actors is still under discussion. The law does not give satisfactory answers in terms of the role of multiple actors and their corresponding responsibilities … Read more

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