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1 - Setting the Scene

Sharing International Obligations

Published online by Cambridge University Press:  07 July 2022

Nataša Nedeski
Affiliation:
Universiteit van Amsterdam
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Summary

This chapter clarifies some key terms and situates the phenomenon of sharing international obligations within the current body of international legal doctrine. The conceptualization of shared obligations takes place in the context of the international law of obligations, and it is first discussed what is meant when reference is made to this body of law. The focus then turns to the concept of shared responsibility in international law, and some preliminary reflections are offered on how the concept of shared obligations contributes to the ongoing discussion on problems of shared responsibility in legal doctrine. It is then discussed how the idea of sharing international obligations has been recognized in international legal literature and proceedings before international courts, reflecting an (at times implicit) assumption that the sharing of international obligations has relevant legal implications. Nevertheless, the notion of shared obligations remains conceptually underdeveloped. Finally, it is set out how this lack of conceptualization of shared obligations is not a result of the notion’s irrelevance but may be explained – at least in part – by a few fundamental choices that have been made during the ILC’s project of codification and progressive development of the international law of obligations.

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Publisher: Cambridge University Press
Print publication year: 2022

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  • Setting the Scene
  • Nataša Nedeski, Universiteit van Amsterdam
  • Book: Shared Obligations in International Law
  • Online publication: 07 July 2022
  • Chapter DOI: https://doi.org/10.1017/9781108893985.001
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  • Setting the Scene
  • Nataša Nedeski, Universiteit van Amsterdam
  • Book: Shared Obligations in International Law
  • Online publication: 07 July 2022
  • Chapter DOI: https://doi.org/10.1017/9781108893985.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Setting the Scene
  • Nataša Nedeski, Universiteit van Amsterdam
  • Book: Shared Obligations in International Law
  • Online publication: 07 July 2022
  • Chapter DOI: https://doi.org/10.1017/9781108893985.001
Available formats
×