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Shared Obligations in International Law

Part of Shared Responsibility in International Law

  • Date Published: July 2022
  • availability: Not yet published - available from October 2024
  • format: Hardback
  • isbn: 9781108841351

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  • 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.

    • Sets out a concept of shared obligations in international law, capturing the practical phenomenon of sharing international obligations and bringing various questions of (non-)performance and international responsibility that are raised by the sharing of international obligations to the forefront
    • Engages with various existing typologies of international obligations and develops new typologies of shared obligations, introducing two categories of shared obligations that have not been previously identified in legal scholarship: indivisible and divisible shared obligations
    • Addresses the legal implications of sharing international obligations for (non-)performance and responsibility relations, which are influenced by the type of shared obligation breached
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    Reviews & endorsements

    '… contributes to clarifying the legal relationship between breaches of indivisible/divisible shared obligations and the determination of shared responsibility.' Yoshifumi Tanaka, Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law

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    Product details

    • Date Published: July 2022
    • format: Hardback
    • isbn: 9781108841351
    • length: 312 pages
    • dimensions: 235 x 158 x 17 mm
    • weight: 0.5kg
    • availability: Not yet published - available from October 2024
  • Table of Contents

    1. Setting the scene: Sharing international obligations
    2. The concept of shared obligations in international law
    3. The distinction between bilateral and multilateral legal relations in the international law of obligations
    4. Indivisible and divisible shared obligations in international law
    5. Sharing international obligations and the determination of shared responsibility
    6. Claiming cessation and reparation for breaches of shared obligations
    7. Conclusion: Towards a more systematic approach to international obligations
    Index.

  • Author

    Nataša Nedeski, Universiteit van Amsterdam
    Nataša Nedeski is Assistant Professor of Public International Law, Amsterdam Center for International Law, University of Amsterdam. Her work has focused on general international law and shared responsibility in international law in particular.

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