By Dov Jacobs
The research project on Shared Responsibility in International Law (SHARES) seeks to
rethink the allocation of international responsibilities in cases where multiple actors,
through concerted action, joint enterprise or other forms of interaction contribute to
an international wrong. It seeks to uncover the extent and nature of the problem of
scattering international responsibilities and will provide a fresh perspective on how
international cooperation, and, more generally, the ever increasing interdependence in
the international legal order, can be better matched with a proper system of shared
responsibility.
This is far from just a theoretical consideration. Questions of shared responsibility have
been raised, directly and indirectly, in an increasing number of cases, before a variety
of international fora. The European Court of Human Rights has dealt with such
questions repeatedly. In 2004, it had to deal with the issue of how de facto control by
one State and de jure control by another over a territory affected the distribution of
responsibility between Russia and Moldova over the autonomous region of Transnistria
(Ilascu). In 2007, it had to rule on the distribution of responsibility between
international organizations and its member states in relation to the actions of the UN
and NATO in Kosovo (Bherami and Saramati). In 2011, it had to consider the
responsibility of two States (Belgium and Greece) in relation to the treatment of
refugees (MSS). The International Court of Justice has also dealt with such issues in the
past (East Timor Case (1991), Corfu Channel Case (1947)), and so have various ad hoc
institutions, such as the Arbitral Tribunal that issued an award in 2007 in relation to the
Eurotunnel dispute, where questions of joint responsibility between France and the UK
arose.
The Conference on Foundations of Shared Responsibility in International Law,
organized at an early stage in the SHARES project, will explore fundamental and
conceptual issues that explain the state of law, allow for identification of gaps and
provide insights on possibilities and limitations for further development of the law
pertaining to shared responsibility.
These questions are of theoretical and practical relevance in themselves, and will
inform future developments of the SHARES project as a whole. The Conference also will
be a first take on the findings of the SHARES project so far, and will allow for a
confrontation with other competing and/or complementary approaches.
CALL FOR PAPERS
This call for papers invites the submission of proposals for panels that will be
articulated around these four themes. The proposal should contain an abstract (max.
300 words), as well as name, affiliation, contact details and a brief CV. The deadline
for submission of the proposal is 15 May 2011. Accepted authors will be expected to
submit a draft of their presentation by the 1 st of October 2011.
Proposals should be sent to Isabelle Swerissen (I.Swerissen@uva.nl). Any enquiry about
the conference can be directed to Dov Jacobs (D.Jacobs1@uva.nl). For more
information on the SHARES project please visit: www.sharesproject.nl.
FULL CALL FOR PAPERS HERE.