Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-wzw2p Total loading time: 0 Render date: 2024-05-22T10:37:13.241Z Has data issue: false hasContentIssue false

Chapter 6 - Common but Differentiated Responsibilities and Justice

Broadening the Notion of Responsibility in International Law

from Part III - Environment

Published online by Cambridge University Press:  03 December 2020

Hannes Hansen-Magnusson
Affiliation:
Cardiff University
Antje Vetterlein
Affiliation:
Copenhagen Business School
Get access

Summary

The notion of responsibility in international law involves the violation of an international obligation for which a State can be held liable. The concept of common but differentiated responsibilities (CBDR) however does not squarely fit within the traditional scenario of state responsibility. Primarily based on the notions of equity and justice and premised in particular upon the principle of intra-generational equity, CBDR, as a structuring principle of the international legal order, hinges upon responsibility in its moral dimension. Its application involves the elaboration of differentiated legal standards and commitments according to both responsibilities and capabilities of States. This chapter argues that because it is premised on the notions of equity and justice, the principle of CBDR necessarily calls for a broadening of the understanding of responsibility in international law, yet, it is suggested that, beyond the moral dimension of responsibility that is referred to, CBDR may still impinge upon the assessment of international responsibility in its purely legal dimension and constitute a standard against which a State’s liability will be evaluated.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

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 Dropbox.

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.

Available formats
×