- André Nollkaemper is Professor of Public International Law and Dean of the Faculty of Law of the University of Amster... moreAndré Nollkaemper is Professor of Public International Law and Dean of the Faculty of Law of the University of Amsterdam. He is member of the Institut de Drout International and previously was President of the European Society of International Law. See for a full list of downloadable papers http://works.bepress.com/andre_nollkaemper/edit
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It is common in international practice that several states and/or international organizations contribute together to the indivisible injury of a third party. Examples thereof are aplenty in relation to climate change and other... more
It is common in international practice that several states and/or international organizations contribute together to the indivisible injury of a third party. Examples thereof are aplenty in relation to climate change and other environmental disasters, joint military activities and cooperative actions aimed at stemming migration. Such situations are hardly captured by the existing rules of the law of international responsibility. In particular, the work of the International Law Commission, which is widely considered to provide authoritative guidance for legal questions of international responsibility, has little to offer. As a result, it is often very difficult, according to the existing rules of the law of international responsibility, to share responsibility and apportion reparation between the states and/or international organizations that contribute together to the indivisible injury of a third party. The Guiding Principles on Shared Responsibility in International Law seek to pr...
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... ITEM METADATA RECORD. Title: De nationale rechter en het internationale recht. Authors: Nollkaemper, André Fleuren, Joseph Van Eeckhoutte, Dries Wouters, Jan. Issue Date: 2005. Publisher: TMC Asser Press. Host Document ...
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This work offers a multidisciplinary approach to legal and policy instruments used to prevent and remedy global environmental challenges. It provides a theoretical overview of a variety of instruments, making distinctions between levels... more
This work offers a multidisciplinary approach to legal and policy instruments used to prevent and remedy global environmental challenges. It provides a theoretical overview of a variety of instruments, making distinctions between levels of governance (treaties, domestic law), types of instruments (market-based instruments, regulation, and liability rules), and between government regulation and private or self-regulation. The book's central focus is an examination of the use of mixes between different types of regulatory and policy instruments and different levels of governance, notably in climate change, marine oil pollution, forestry, and fisheries. The authors examine how, in practice, mixes of instruments have often been developed. This book should be read by anyone interested in understanding how interactions between different instruments affect the protection of environmental resources.
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Digitised version produced by the EUI Library and made available online in 2020
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... same time as adhering to the relevant Community legislation during the financing of the relevant works in the Canary Island'. ... Together with the precautionary principle, the principle of sustainabledevelopment and other... more
... same time as adhering to the relevant Community legislation during the financing of the relevant works in the Canary Island'. ... Together with the precautionary principle, the principle of sustainabledevelopment and other principles, the integration principle constitutes an attempt ...
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This article offers some reflections on the way in which the ILC Articles on the Responsibility of International Organizations (ARIO) have addressed the responsibility of international organizations for conduct of member States... more
This article offers some reflections on the way in which the ILC Articles on the Responsibility of International Organizations (ARIO) have addressed the responsibility of international organizations for conduct of member States implementing their normative acts. The ILC has chosen to deal with this issue through the concept of responsibility ‘in connection with’ acts of States, which it had already included in its Articles on State Responsibility (ASR), and more in particular through article 17 on ‘circumvention’. Focusing primarily on this provision, we argue that the attempt to address this particular type of responsibility forced the ILC to relax the conceptual straightjackets it had opted for in the ASR, thereby exposing certain ambiguities in the foundations of the law of international responsibility.
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This papers examines on what basis, and to what extent, secondary rules of international law, notably those relating to interpretation and reparation, may help to moderate the divergence between international norms, on the one hand, and... more
This papers examines on what basis, and to what extent, secondary rules of international law, notably those relating to interpretation and reparation, may help to moderate the divergence between international norms, on the one hand, and the national manifestations of such norms, on the other. To the extent that secondary rules indeed can induce convergence between international and national nroms, they also may reduce divergence of interpretations between states. As such, the paper contributes to the debate on the phenomenon of fragmentation in international law.
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ABSTRACT In The Dynamics of Rule of Law in an Era of International and Transnational Governance (forthcoming Cambridge University Press, 2012), we presented a new analytical framework for understanding developments in the rule of law... more
ABSTRACT In The Dynamics of Rule of Law in an Era of International and Transnational Governance (forthcoming Cambridge University Press, 2012), we presented a new analytical framework for understanding developments in the rule of law field, describing and assessing the interrelated processes of rule of law promotion, diffusion and conversion. In this concluding chapter, we address the following issues, taking up in turn rule of law promotion, diffusion and conversion, and summarizing for each the main developments, their causes, and key issues for further research. Have the major actors in the rule of law field, including the “great powers” and international organisations, altered their strategies, programs and practices to reflect the shift to new levels and new forms of governance? Do rule of standards apply to new international and transnational forms of regulation? Should they be modified to fit the different context? Can the interactions between national and international levels be structured so that they do not become a new source of rule of law violation? Does international law provide a clear and acceptable set of standards that can form a common baseline for rule of law promotion both in states and for new forms of governance? And how does rule of law promotion, whether or not based on standards of international law, cope with the wide variety of forms of resistance from the targets of rule of law promotion?
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This article introduces in general terms the concept of accountability and its potential relevance to international and European legal scholarship. It argues that the scale of the shifts in governance and public authority away from the... more
This article introduces in general terms the concept of accountability and its potential relevance to international and European legal scholarship. It argues that the scale of the shifts in governance and public authority away from the territorial state towards different forms and levels of governance, within and beyond the parameters of the traditional nation state, call for shifts in accountability relationships beyond that applicable within the confines of the territorial state. This, in turn, requires a rethinking of the concept, aims and forms of accountability applying in international and European law. The article explores five aspects of the concept of accountability: the aims of accountability, the actors involved in processes of accountability, the institutions to which accountability must be rendered, the process of accountability, and the levels of accountability. In each regard, the concept of accountability enables us to move beyond traditional concepts of the internat...
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ABSTRACT This short paper argues that in the next decades we are likely to see a fundamental separation in the form and contents of the international rule of law. In a sizeable, but relatively small group of states, international law... more
ABSTRACT This short paper argues that in the next decades we are likely to see a fundamental separation in the form and contents of the international rule of law. In a sizeable, but relatively small group of states, international law transforms itself from its international roots and interconnects and mingles with national law. In these states, we see an integration of the international and the national rule of law. In many other (and indeed most) states, the international rule of law will essentially remain limited to the international level. This paper explores some of the consequences of this bifurcation for the system of international law and its impact on domestic law.
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... We believe that this approach is particularly useful because it allows us to pay attention to ... generally concern an international claim, not only in terms of the forum (states do not usually ... of Judge Shahabuddeen) (both finding... more
... We believe that this approach is particularly useful because it allows us to pay attention to ... generally concern an international claim, not only in terms of the forum (states do not usually ... of Judge Shahabuddeen) (both finding support for the existence of a general principle of law ...
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This article explores the relevance of the law of international responsibility to the practice of domestic courts. In addition to proposing analytical distinctions that allow us to systematize and differentiate domestic case law... more
This article explores the relevance of the law of international responsibility to the practice of domestic courts. In addition to proposing analytical distinctions that allow us to systematize and differentiate domestic case law pertaining to international responsibility, the article essentially advances three arguments. First, in certain circumstances domestic courts may find that a breach of an international obligation by the forum state constitutes an internationally wrongful act. Principles of international responsibility may be applicable to such a wrong. Second, domestic courts may contribute to the implementation of the international responsibility of states by ensuring that principles of cessation and reparation are given effect. Third, international law leaves much leeway to states and their courts in applying principles of international responsibility in a specific domestic legal and factual context. The application of such principles will be colored by their interaction w...
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ABSTRACT This paper explores the interactions between national and international courts by adopting a functional analysis. One cannot really speak about ‘the’ relationship between national and international courts. Rather, there is a... more
ABSTRACT This paper explores the interactions between national and international courts by adopting a functional analysis. One cannot really speak about ‘the’ relationship between national and international courts. Rather, there is a multitude of legal relationships that, both in their empirical and normative dimensions, are best studied by distinguishing between the different functions that national and international courts fulfill vis-à-vis each other. The paper discusses the diverse functions that national courts can fulfill in relation to international courts and vice versa, and explore what principles should apply to the exercise of these functions.