Full Description
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.
Contents
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.
