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Articles 1 - 30 of 33
Full-Text Articles in Law
Power And Responsibility, André Nollkaemper
Power And Responsibility, André Nollkaemper
André Nollkaemper
This paper critically reviews the popular proposition that 'power breeds responsibility'. It first explains why this proposition is intuitively appealing. Particularly in situations where multiple actors contribute to harm, power can be a criterion for determining who of a multitude of actors should bear responsibility. For instance, much of the case law on extra territorial human rights protection is based on a concept of power. The paper then explains why this intuition can be misleading. Saying that power informs responsibility is begging the question what type of power triggers what type of responsibility in what way. The paper focuses in …
The Problem Of Many Hands In International Law, André Nollkaemper
The Problem Of Many Hands In International Law, André Nollkaemper
André Nollkaemper
This paper examines the phenomenon of diffusion of responsibility from a political economy perspective. It argues that concerted actions that lead to harmful outcomes may trigger a diffusion of responsibility between States, international organisations (IOs) and other actors involved in the concerted action. Such diffusion may bring both costs and benefits for relevant actors. The chapter construes diffusion as a political process, of which international law is an integral part, and exposes the costs and benefits involved.
The Application Of Informal International Instruments Before Domestic Courts, André Nollkaemper, Machiko Kanetake
The Application Of Informal International Instruments Before Domestic Courts, André Nollkaemper, Machiko Kanetake
André Nollkaemper
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 …
The Effects Of Treaties In Domestic Law, André Nollkaemper
The Effects Of Treaties In Domestic Law, André Nollkaemper
André Nollkaemper
Treaties, while operating primarily at international level, by definition require a legal connection to the national level. The connection between treaties and domestic law is particularly relevant when treaties regulate matters that also are also dealt with by domestic law, and determine the position of private individuals who by their very nature are (primarily) subjected to national law. Obviously, the domestic effect of treaties is not just a matter of technique. It serves important policy objectives and reflects deeply political questions. In the final analysis, determining whether and how a treaty has direct effect requires an answer to the question …
Responsibility To Protect: Introduction, Julia Hoffman, André Nollkaemper
Responsibility To Protect: Introduction, Julia Hoffman, André Nollkaemper
André Nollkaemper
No abstract provided.
Responsibility To Protect: Concluding Observations, Julia Hoffmann, André Nollkaemper
Responsibility To Protect: Concluding Observations, Julia Hoffmann, André Nollkaemper
André Nollkaemper
No abstract provided.
From Rule Of Law Promotion To Rule Of Law Dynamics: Conclusion, Randall Peerenboom, Michael Zürn, André Nollkaemper
From Rule Of Law Promotion To Rule Of Law Dynamics: Conclusion, Randall Peerenboom, Michael Zürn, André Nollkaemper
André Nollkaemper
No abstract provided.
Rule Of Law Dynamics In An Era Of International And Transnational Governance: Introduction, Michael Zürn, André Nollkaemper, Randall Peerenboom
Rule Of Law Dynamics In An Era Of International And Transnational Governance: Introduction, Michael Zürn, André Nollkaemper, Randall Peerenboom
André Nollkaemper
No abstract provided.
Rule Of Law Reform In Post-Conflict States: Introduction, Edda Kristjánsdóttir, André Nollkaemper, Cedric Ryngaert
Rule Of Law Reform In Post-Conflict States: Introduction, Edda Kristjánsdóttir, André Nollkaemper, Cedric Ryngaert
André Nollkaemper
No abstract provided.
The Practice Of International And National Courts And The (De-)Fragmentation Of International Law: Conclusions, Ole Kristian Fachauld, André Nollkaemper
The Practice Of International And National Courts And The (De-)Fragmentation Of International Law: Conclusions, Ole Kristian Fachauld, André Nollkaemper
André Nollkaemper
No abstract provided.
Rule Of Law Reform In Post-Conflict States: Concluding Observations, Edda Kristjánsdóttir, André Nollkaemper, Cedric Ryngaert
Rule Of Law Reform In Post-Conflict States: Concluding Observations, Edda Kristjánsdóttir, André Nollkaemper, Cedric Ryngaert
André Nollkaemper
No abstract provided.
Constitutionalization And The Unity Of The Law On International Responsibility, André Nollkaemper
Constitutionalization And The Unity Of The Law On International Responsibility, André Nollkaemper
André Nollkaemper
The law of international responsibility fulfills essentially two functions: reparation for injury and protection of the rule of law and global order. Notwithstanding the fundamental difference betwen these objectives, the law of international responsibility traditionally has been conceived in unitary norms consisting of a single set of principles that applies to all breaches of rules of international law. With the further development of international law that unity becomes difficult to maintain. On the one hand, there is an increasing need for a further refinement of liability principles for the determination of compensation for injury. On the other hand, the process …
System Criminality In International Law: Conclusions And Outlook, André Nollkaemper, Harmen Van Der Wilt
System Criminality In International Law: Conclusions And Outlook, André Nollkaemper, Harmen Van Der Wilt
André Nollkaemper
No abstract provided.
Recht Van Internationale Waterlopen, André Nollkaemper, Carel De Villeneuve
Recht Van Internationale Waterlopen, André Nollkaemper, Carel De Villeneuve
André Nollkaemper
No abstract provided.
Responsibility Of Transnational Corporations In International Environmental Law: Three Perspectives, André Nollkaemper
Responsibility Of Transnational Corporations In International Environmental Law: Three Perspectives, André Nollkaemper
André Nollkaemper
This chapter examines recent developments pertaining to the international responsibility of transnational corporations for activities that may cause harm to the environment. While the position of transnational corporations in international law has been subjected to previous analyses, also in regard to international environmental law, there are reasons for a new consideration of the topic.
First, transnational corporations substantially contribute to the worldwide stress on the environment. Many acts that deplete natural resources, contribute to the depletion of the ozone layer and to climate change, deplete fish stocks, clear-cut forests, move waste across boundaries, and so on, are not performed by …
‘Gemengde’ Tribunalen En Hooggespannen Verwachtingen, André Nollkaemper, Sarah Nouwen
‘Gemengde’ Tribunalen En Hooggespannen Verwachtingen, André Nollkaemper, Sarah Nouwen
André Nollkaemper
No abstract provided.
The Independence Of The Domestic Judiciary In International Law, André Nollkaemper
The Independence Of The Domestic Judiciary In International Law, André Nollkaemper
André Nollkaemper
No abstract provided.
Conceptualizing Accountability In Public International Law, Deirdre Curtin, André Nollkaemper
Conceptualizing Accountability In Public International Law, Deirdre Curtin, André Nollkaemper
André Nollkaemper
This article introduces in general terms the concept of accountability and its potential 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 relatiosnhips 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 articles explore five afspects of the concept of accountability: …
Attribution Of Forcible Acts To States: Connections Between The Law On The Use Of Force And The Law Of State Responsibility, André Nollkaemper
Attribution Of Forcible Acts To States: Connections Between The Law On The Use Of Force And The Law Of State Responsibility, André Nollkaemper
André Nollkaemper
No abstract provided.
The Application Of Customary International Law By National Courts: Introduction, André Nollkaemper
The Application Of Customary International Law By National Courts: Introduction, André Nollkaemper
André Nollkaemper
No abstract provided.
The Relationship Between Internationalized Courts And National Courts, Jann K. Kleffner, André Nollkaemper
The Relationship Between Internationalized Courts And National Courts, Jann K. Kleffner, André Nollkaemper
André Nollkaemper
No abstract provided.
Giving Effect To Public International Law And European Community Law Before Domestic Courts. A Comparative Analysis Of The Practice Of Consistent Interpretation, Gerrit Betlem, André Nollkaemper
Giving Effect To Public International Law And European Community Law Before Domestic Courts. A Comparative Analysis Of The Practice Of Consistent Interpretation, Gerrit Betlem, André Nollkaemper
André Nollkaemper
This paper explores differences and similarities in how domestic courts – mainly Dutch courts – apply two distinct forms of non-domestic law: public international law and European Community law. The article focuses on the application of the principle that dominates practice in both areas: that courts should, whenever possible, construe national law in conformity with, respectively, public international law and European Community law. This article offers a systematic comparison of how courts employ this principle. On the basis of a detailed analysis of the relevant national case law and the case law of the European Court of Justice (ECJ), it …
Decisions Of National Courts As Sources Of International Law: An Analysis Of The Practice Of The Icty, André Nollkaemper
Decisions Of National Courts As Sources Of International Law: An Analysis Of The Practice Of The Icty, André Nollkaemper
André Nollkaemper
No abstract provided.
International Environmental Law In The Courts Of The Netherlands, André Nollkaemper
International Environmental Law In The Courts Of The Netherlands, André Nollkaemper
André Nollkaemper
No abstract provided.
Three Conceptions Of The Integration Principle In International Environmental Law, André Nollkaemper
Three Conceptions Of The Integration Principle In International Environmental Law, André Nollkaemper
André Nollkaemper
No abstract provided.
Review Of Security Council Decisions By National Courts, André Nollkaemper, Erika De Wet
Review Of Security Council Decisions By National Courts, André Nollkaemper, Erika De Wet
André Nollkaemper
No abstract provided.
Three Conceptions Of The Integration Principle In International Environmental Law, André Nollkaemper
Three Conceptions Of The Integration Principle In International Environmental Law, André Nollkaemper
André Nollkaemper
No abstract provided.
Improving Compliance With The International Law Of Marine Environmental Protection: The Role Of The European Union, André Nollkaemper
Improving Compliance With The International Law Of Marine Environmental Protection: The Role Of The European Union, André Nollkaemper
André Nollkaemper
No abstract provided.
Legal Regulation Of Upland Discharges Of Marine Debris: From Local To Global Controls And Back, André Nollkaemper
Legal Regulation Of Upland Discharges Of Marine Debris: From Local To Global Controls And Back, André Nollkaemper
André Nollkaemper
No abstract provided.
"What You Risk Reveals What You Value", And Other Dilemmas Entountered In The Legal Assaults On Risks, André Nollkaemper
"What You Risk Reveals What You Value", And Other Dilemmas Entountered In The Legal Assaults On Risks, André Nollkaemper
André Nollkaemper
No abstract provided.