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Shared Responsibility Before The European Court of Human Rights

  • Maarten den Heijer

Abstract

Compared to other international dispute settlement bodies, the European Court of Human Rights' case law is relatively rich in situations involving a single injury and multiple contributing states. This contribution examines how the ECtHR decides such cases and explores to what extent its approach corresponds to that of the work of the International Law Commission on the topic of international responsibility. The article critically discusses the substantive criteria and doctrinal foundations employed by the ECtHR for allocating responsibility. It reflects on the adequacy of the doctrines used and examines how they can contribute to the general law on shared responsibility.

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* PhD, Assistant Professor of International Law, Faculty of Law, University of Amsterdam. This article has been written as part of the research project on Shared Responsibility in International Law (SHARES), carried out at the Amsterdam Center for International Law (ACIL) at the University of Amsterdam. The author wishes to thank Christiane Ahlborn, Dov Jacobs, Machiko Kanetake and André Nollkaemper for their comments on an earlier draft.

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Netherlands International Law Review
  • ISSN: 0165-070X
  • EISSN: 1741-6191
  • URL: /core/journals/netherlands-international-law-review
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