Shared obligations in international law / Nataša Nedeski.

Format:

Book

Author/Creator:

Nedeski, Nataša, author.

Series:

Shared responsibility in international law.

Shared responsibility in international law

Language:

English

Subjects (All):

Government liability (International law).

International obligations.

Non-state actors (International relations).

Physical Description:

1 online resource (xiv, 229 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge : Cambridge University Press, 2022.

Summary:

There are various situations in which multiple states or international organizations are bound to an international obligation in the context of cooperative activities and the pursuit of common goals. This practical phenomenon of sharing international obligations raises questions regarding the performance of obligations (who is bound to do what) and international responsibility in case of a breach (who can be held responsible for what). This book puts forward a concept of shared obligations that captures this practical phenomenon and enables scholars and practitioners to tackle these questions. In doing so, it engages in positive law-based categorization and systematization, building on existing categorizations of obligations and putting forward new typologies of shared obligations. Ultimately, it is contended that the sharing of obligations has relevant legal implications: it can influence the content and performance of obligations as well as the responsibility relations that arise in case of a breach.

Contents:

Cover

Half-title page

Series page

Title page

Copyright page

Contents

List of Figures

List of Tables

Acknowledgements

List of Abbreviations

1 Setting the Scene: Sharing International Obligations

1.1 The International Law of Obligations

1.2 Shared Responsibility in International Law

1.3 The Idea of Shared Obligations in International Legal Thought

1.4 The International Law Commission and the Paradox of Avoiding the Idea of Obligations in the International Law of Obligations

1.5 Structure and Approach

2 The Concept of Shared Obligations in International Law

2.1 First Element: Multiple Duty-Bearers

2.1.1 International Organizations and Their Members as Duty-Bearers

2.1.2 Duty-Bearers When States Act through a Common Organ

2.2 Second Element: Bound to a Similar International Obligation

2.3 Third Element: Pertaining to the Same Constellation of Facts

2.3.1 Multiple States or International Organizations Agree to an Obligation to Work towards or Achieve a Common Goal

2.3.2 Multiple States or International Organizations Are Legally or Factually Linked to a Common Situation

2.4 Conclusions

3 The Distinction between Bilateral and Multilateral Legal Relations in the International Law of Obligations

3.1 The Move beyond a Bilateral View of Legal Relations in International Law

3.1.1 The Protection of Common Interests

3.1.2 The Rise of Multilateral Treaties

3.1.3 The Emergence of Multilateral Legal Relations

3.2 Legal Relations and the Correlation between Obligations and Rights

3.2.1 Introducing Hohfeld's Legal Correlatives

3.2.2 The Correlation between Obligations and Rights in International Law

3.3 Distinguishing between Bilateral and Multilateral Legal Relations in International Law

3.4 Multilateral Legal Relations and the Law of Treaties.

3.4.1 Reciprocal, Interdependent and Integral Obligations

3.4.1.1 Reciprocal Obligations

3.4.1.2 Interdependent Obligations

3.4.1.3 Integral Obligations

3.4.2 Peremptory Norms

3.4.3 Concluding Observations

3.5 Multilateral Legal Relations and the Law of International Responsibility

3.5.1 Crimes and Delicts: The First Step Away from an Exclusively Bilateral View of Legal Relations

3.5.2 Bilateral, Multilateral and Erga Omnes (Partes) Obligations

3.5.2.1 Bilateral Obligations

3.5.2.2 Multilateral and Erga Omnes (Partes) Obligations

3.5.3 Serious Breaches of Obligations under Peremptory Norms

3.5.4 Concluding Observations

3.6 Conclusions

4 Indivisible and Divisible Shared Obligations in International Law

4.1 Introducing Two Types of Shared Obligations

4.1.1 Indivisible Shared Obligations

4.1.2 Divisible Shared Obligations

4.2 Ascertaining the Nature of Shared Obligations

4.2.1 Positive Obligations and Negative Obligations

4.2.2 Obligations of Result and Obligations of Conduct

4.2.2.1 The Distinction between Obligations of Result and Conduct in the 1996 Draft ASR

4.2.2.2 The Civil Law Understanding of Obligations of Conduct and Result

4.2.2.3 Difficulties Encountered When Applying the Distinction in Practice

4.2.3 Categories of Obligations as Indicators for Qualifying a Shared Obligation as Divisible or Indivisible

4.3 Implications for the Content and Performance of Shared Obligations

4.4 Conclusions

5 Sharing International Obligations and the Determination of Shared Responsibility

5.1 Two Manifestations of Shared Responsibility

5.1.1 Shared Responsibility Arising from a Single Internationally Wrongful Act

5.1.2 Shared Responsibility Arising from Multiple Internationally Wrongful Acts.

5.2 Breaches of Indivisible Shared Obligations and the Determination of Shared Responsibility

5.2.1 Breach of an Indivisible Shared Obligation

5.2.2 Attribution of Conduct in Breach of an Indivisible Shared Obligation

5.3 Breaches of Divisible Shared Obligations and the Determination of Shared Responsibility

5.3.1 Breach of a Divisible Shared Obligation

5.3.2 Attribution of Conduct in Breach of a Divisible Shared Obligation

5.3.2.1 Divisible Shared Obligations of a Positive Character and Attribution of Conduct

5.3.2.2 Divisible Shared Obligations of a Negative Character and Attribution of Conduct

5.3.3 Concluding Observations

5.4 Applying the Distinction between Divisible and Indivisible Shared Obligations

5.4.1 The Shared Obligation to Rehabilitate Nauru's Worked-Out Phosphate Lands

5.4.2 The Shared Obligation to Take Appropriate Steps to Maintain Security and Public Order In and Around the Coquelles Terminal

5.4.3 The Shared Obligation to Take Appropriate Measures to Prevent the Looting, Plundering and Exploitation of Natural Resources in Iraq

5.4.4 The Shared Obligation to Provide 12,000 Million ECU in Financial Assistance to the ACP States

5.4.5 The Shared Obligation to Strictly Limit Pollution from Land-Based Sources in Lake Étang de Berre

5.4.6 The Shared Obligation to Achieve a 20 Per Cent Reduction of Aggregate Greenhouse Gas Emissions

5.4.7 The Shared Obligation to Take All Measures Within One's Power to Prevent the Srebrenica Genocide

5.4.8 The Shared Obligation to Ensure That Activities in the Area Are Carried Out in Accordance with Part XI UNCLOS

5.5 Conclusions

6 Claiming Cessation and Reparation for Breaches of Shared Obligations

6.1 Sharing the Obligation of Cessation

6.1.1 Shared Responsibility for a Single Wrongful Act and the Nature of the Obligation of Cessation.

6.1.2 Shared Responsibility for Multiple Wrongful Acts and the Nature of the Obligation of Cessation

6.2 Sharing the Obligation of Reparation

6.2.1 The Notion of Joint and Several Liability: A Shared Obligation to Make Reparation

6.2.2 Shared Responsibility for a Single Wrongful Act and the Nature of the Obligation of Reparation

6.2.3 Shared Responsibility for Multiple Wrongful Acts and the Nature of the Obligation of Reparation

6.2.4 Challenges for the Responsible State or Organization Targeted

6.3 Claiming Cessation and Reparation in the Context of International Adjudication: Bearers of Shared Obligations as Indispensable Parties?

6.3.1 Simultaneous Determination of Another Actor's Responsibility

6.3.2 Determining Another Actor's Responsibility as a Logical Prerequisite

6.4 Conclusions

7 Conclusion: Towards a More Systematic Approach to International Obligations

7.1 Old and New Typologies of International Obligations

7.2 Sharing International Obligations and (Non-)performance

7.3 Sharing International Obligations and Responsibility Relations

Index.

Notes:

Title from publisher's bibliographic system (viewed on 14 Jul 2022).

ISBN:

1-108-89834-3

1-108-89959-5

1-108-89398-8