International cooperation and the general law of international responsibility
Prisca Feihle ()
Chapter 3 in An International Human Rights Law of Cooperation, 2025, pp 34-59 from Edward Elgar Publishing
Abstract:
This chapter explores how far the general law of international responsibility regulates international cooperation between states. While its underlying concept of independent responsibility does not necessarily hinder that states become responsible for their cooperative conduct, the guidance the law of international responsibility provides remains limited. Its rules on derivative responsibility, particularly on complicity, form an exception. They foresee the responsibility of states in their interaction with others. Furthermore, the special regime on serious breaches of peremptory norms provides for heightened expectations upon international cooperation. However, both due to their generality and their character as secondary rules, they come with inherent limitations. Thus, the chapter argues for looking into primary rules of international (human rights) law for substantive normative standards on how states bear responsibility within their international cooperation.
Keywords: ARSIWA; Independent responsibility; Derivative responsibility; Complicity; Serious breaches of peremptory norms; Duty to cooperate (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035335787
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