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This chapter examines how international courts have applied principles of state responsibility in the context of situations of shared responsibility between multiple parties, concluding that when this occurs international adjudication becomes less suited as a process for implementing such responsibility. Substantive law of international responsibility is slowly adjusting to its increasingly relational nature, but the procedures of international adjudication in many respects are not well suited for incorporating this relational nature. There are considerable differences between states, in terms of their willingness to submit themselves to adjudication of shared responsibility claims, even within “the west,” as a result of which responsibility will often will be shared between some states, but not all. The role of international adjudication in relation to shared responsibility differs widely – both between international courts and between states – in terms of the willingness of states to subject themselves, or make use of, international adjudication. An interesting example is the adjudication of claims related to extraordinary rendition. Whereas European states, like Macedonia and Poland, were found responsible by the European Court of Human Rights in relation to their (shared) responsibility, the USA has always resisted attempts to be subjected to adjudication for their leading role in extraordinary rendition.
On December 20, 2019, the Supreme Court of the Netherlands published its judgment in The State of the Netherlands v. Urgenda. The judgment is largely a discussion of questions of Dutch law, but contains several conclusions that are relevant from an international law perspective. In particular, the Court held that on the basis of the European Convention on Human Rights (ECHR), the Netherlands has a positive obligation to take measures for the prevention of climate change and that it was required to reduce its greenhouse gas (GHG) emissions by at least 25 percent by the end of 2020, compared with 1990 levels.
The increasingly complex nature of transboundary environmental problems, and the risks associated with such problems, present policy makers worldwide with the challenge of designing an effective environmental governance system with a global reach.
Environmental governance today consists of a mix of international and domestic law and regulations and private standards, with traditional forms of direct regulation operating in parallel with market-based and suasive instruments. The synergies between states and private actors on the international and domestic plane, and their resulting impact on global environmental governance, have resulted in a great deal of academic literature, but less attention has been paid to the interaction of different regulatory and private instruments at international and domestic levels. This book addresses the crucial question of whether “smart” combinations of instruments at different levels of governance can be found that can more effectively fight against transboundary environmental harm.
This book analyzes the concept of smart mixes by discussing the various types and mixes of policy instruments and by addressing how and why particular mixes emerge. In addition, the book identifies what makes a particular mix of instruments “smart” and uses specific case studies relating to the sectors of climate change, forestry, fisheries and oil pollution.
International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveals a bilateral process whereby, on the one hand, the professionalisation of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalisation of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law.