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Distribution of Responsibilities in International Law
Exploring theoretical foundations for the distribution of shared responsibility, this book provides a basis for the development of international law.
André Nollkaemper (Edited by), Dov Jacobs (Edited by), Jessica N. M. Schechinger (Assisted by)
9781107514621, Cambridge University Press
Paperback / softback, published 13 December 2018
472 pages, 9 tables
23 x 15.1 x 2.3 cm, 0.6 kg
'Distribution of Responsibilities in International Law is a fine and informative volume, containing good, solid contributions and exploring many different avenues in the quest for collective responsibility. ' Jan Klabbers, The European Journal of International 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.
Editors' preface
1. Introduction: mapping the normative framework for the distribution of shared responsibility André Nollkaemper and Dov Jacobs
2. Shared responsibility in international law: a normative-philosophical analysis Roland Pierik
3. Shared political responsibility Anthony F. Lang, Jr
4. Ex ante and ex post allocation of international legal responsibility Joel P. Trachtman
5. Incentives, compensation, and irreparable harm Lewis A. Kornhauser
6. Shared responsibility in international law: a political economy analysis Anne van Aaken
7. Public power and preventive responsibility: attributing the wrongs of international joint ventures Tom Dannenbaum
8. 'Coalitions of the willing' and the shared responsibility to protect Toni Erskine
9. Distributing the responsibility to protect Monica Hakimi
10. The problem of shared irresponsibility in international climate law Daniel H. Cole
11. Transboundary damage in climate change: criteria for allocating responsibility Henry Shue
12. Shared responsibility for climate change: from guilt to taxes Christopher L. Kutz
13. How to keep promises: making sense of the duty among multiple states to fulfil socio-economic rights in the world Margot E. Salomon
14. Pirate 'gaolbalisation': dividing responsibility among states, companies, and criminals Eugene Kontorovich
15. The global financial crisis and collective moral responsibility Seumas Miller.
Subject Areas: International organisations & institutions [LBBU], Public international law [LBB], Law [L], United Nations & UN agencies [JPSN1], International relations [JPS]