State Responsibility

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Sharing Responsibility for UN Targeted Sanctions

Cross-posted from the SHARES Blog UN targeted sanctions, especially those related to terrorism, have had their fair share of the limelight lately, particularly in view of important decisions by the ECJ, the ECtHR, the UK Supreme Court and others in cases such as Kadi, Nada, and Ahmed. Here, I try to look at this jurisprudence through the lens of the project on shared responsibility (SHARES). After introducing the relevant sanctions regime, I argue that the complex conduct of the UN and its member-states in designing, imposing, and implementing the sanctions leads to them sharing international responsibility for the resulting breach of aspects of the internationally protected right to a fair trial. This is so because states are ‘held responsible’ in their own domestic courts or in regional international courts, which then forces them to turn to the UN and seek to implement the organisation’s international responsibility. In this manner, the international responsibility for what is in effect ‘shared’ conduct is itself shared, in practice.

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Iceland not responsible for the liabilities of its deposit insurance scheme

In a landmark decision, the EFTA Court on 28 January 2013 dismissed all claims brought by the EFTA Surveillance Authority against Iceland in the Icesave case. The Authority had alleged that Iceland had breached its obligations under Directive 94/14/EC on deposit guarantee by failing to compensate Icesave depositors and had violated the prohibition on non-discrimination in the Directive and…

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The ECtHR Finds Macedonia Responsible in Connection with Torture by the CIA, but on What Basis?

André Nollkaemper is Professor of Public International Law at the Faculty of Law of the University of Amsterdam. He directs the project on 'Shared Responsibility in International Law' (SHARES); this piece is cross-posted on the SHARES Blog. On 13 December 2012, the European Court of Human Rights (‘the Court’) found the that the…

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Palestine as a UN Observer State: Does this Make Palestine a State?

Last week, the UN General Assembly voted by 138 to 9 (with 41 abstaining) “to accord to Palestine non-member observer State status in the United Nations”. Thus, Palestine which has been an observer at the UN since 1974 has had its status within the UN upgraded to being an observer State. There has been much euphoria on…

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Countermeasures vs. Collective Security? The EU Sanctions Against Iran

 Pierre-Emmanuel Dupont, is a lawyer based in Paris,France. His practice is centered on public international law and international investment. His article "Countermeasures and Collective Security: The Case of the EU Sanctions Against Iran" will appear shortly in (2012) 17 Journal of Conflict and Security Law but is now available here The additional sanctions agreed…

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