Shared responsibility before the European Court of Human Rights

Authors
Publication date 2013
Journal Netherlands International Law Review
Volume | Issue number 60 | 3
Pages (from-to) 411-440
Organisations
  • Faculty of Law (FdR) - Amsterdam Center for International Law (ACIL)
Abstract
Compared to other international dispute settlement bodies, the European Court of Human Rights' case law is relatively rich in situations involving a single injury and multiple contributing states. This contribution examines how the ECtHR decides such cases and explores to what extent its approach corresponds to that of the work of the International Law Commission on the topic of international responsibility. The article critically discusses the substantive criteria and doctrinal foundations employed by the ECtHR for allocating responsibility. It reflects on the adequacy of the doctrines used and examines how they can contribute to the general law on shared responsibility.
Document type Article
Language English
Published at https://doi.org/10.1017/S0165070X12001313
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