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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.