Papers by Andre Nollkaemper
In this chapter I will argue that a justification for sharing responsibility for ‘cooperative hum... more In this chapter I will argue that a justification for sharing responsibility for ‘cooperative human rights violations’ lies in the relations between actors, and more particularly in the fact that because of these relations, actors may realize results that they could not have achieved alone. I therefore argue that in order to understand whether or not shared responsibility is justified, and what the consequences thereof would be, we have to supplement the traditional account of international responsibility as independent responsibility with a relational account of international responsibility.
Netherlands International Law Review, Dec 1, 1988
Brill | Nijhoff eBooks, 2010
Most international crimes are committed with the support or under the control of collective entit... more Most international crimes are committed with the support or under the control of collective entities, notably states. Yet, international law tends to hold only individuals, rather than states responsible for such crimes. This is well illustrated in the case of Darfur. The prosecutor of the ICC stated that 'The information gathered points to an ongoing pattern of crimes committed with the mobilization of the whole state apparatus'. Yet, in this case legal responsibility was 'only' channeled towards the president of Sudan, somehow presuming that his arrest would remove the involvement of the state apparatus. This paper reviews the various principles of reparation that allow international law to address the state for its involvement in international crimes, rather than only individuals. It also examines the role of the Security Council in this respect.
Oxford University Press eBooks, Jun 2, 2016
The Oxford handbook of the use of force in international law Link to publication Nollkaemper, A. ... more The Oxford handbook of the use of force in international law Link to publication Nollkaemper, A. (2015). 'Failures to protect' in international law. In M. Weller (Ed.), The Oxford handbook of the use of force in international law (pp. 437-461). (Oxford handbooks in law). Oxford: Oxford University Press.
Cambridge University Press eBooks, Apr 30, 2021
The George Washington International Law Review, Oct 1, 2014
The rigidity associated with formal international law has induced states and international organi... more The rigidity associated with formal international law has induced states and international organizations to resort to declarations, comments, guidelines, and other "informal" international instruments. Despite their informality, many of these nontreaty instruments have prompted actions at the domestic level, including before domestic courts. This Article analyzes on what basis domestic courts apply informal international instruments. Given that the "bindingness" is not always available as an explanatory factor, the normative basis for giving effect to informal instruments has to be found in the persuasiveness of instruments. Yet, what makes a particular instrument persuasive in the eyes of a domestic court remains unclear. The uncertainty in the notion of persuasiveness on the one hand empowers domestic courts in the development of international norms. On the other hand, the uncertainty renders unstable the legitimacy of judicial engagement and generates the varied judicial amenability to informal international instruments.
Social Science Research Network, Nov 26, 2015
This brief Comment responds to Jan Klabbers’ recent EJIL article, ‘The Transformation of Internat... more This brief Comment responds to Jan Klabbers’ recent EJIL article, ‘The Transformation of International Organizations Law’. It focuses on three points: the use of polemical style and disengagement with substance ; the question of whether we can do without some form of functionalism; and the further question of what it means to speak of ‘responsibility beyond functionalism’.
Cambridge University Press eBooks, Apr 22, 2013
Social Science Research Network, 2009
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Journal of Environmental Law, 1996
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Cambridge University Press eBooks, 2017
Edward Elgar Publishing eBooks, Sep 26, 2014
International Organizations Law Review, Sep 3, 2016
international organizations law review 13 (2016) 1-20
Oxford University Press eBooks, Sep 12, 2013
Netherlands Yearbook of International Law, 2005
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Papers by Andre Nollkaemper