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2 results

  • 3 - The Distinction between Bilateral and Multilateral Legal Relations in the International Law of Obligations

  • Nataša Nedeski, Universiteit van Amsterdam
  • Book:
    Shared Obligations in International Law
    Published online:
    07 July 2022
    Print publication:
    21 July 2022, pp 54-96

  • Summary

    Throughout the years, various legal concepts have emerged that recognize that more than two states (in the form of one duty-bearer and one right-holder) may be involved when it comes to the performance of an international obligation, and that this can have relevant implications for treaty and responsibility relations. In this respect one may think of concepts such as obligations erga omnes, interdependent obligations and jus cogens. This chapter explores and analyses the way in which the international law of obligations, through these concepts, has addressed legal relations that involve more than simply one duty-bearer and one right-holder. By doing so, the chapter aims to illustrate the limits but also the B1:L9

Shared Obligations in International Law
  • Nataša Nedeski
  • Published online:
    07 July 2022
    Print publication:
    21 July 2022
  • There are various situations in which multiple states or international organizations are bound to an international obligation in the context of cooperative activities and the pursuit of common goals. This practical phenomenon of sharing international obligations raises questions regarding the performance of obligations (who is bound to do what) and international responsibility in case of a breach (who can be held responsible for what). This book puts forward a concept of shared obligations that captures this practical phenomenon and enables scholars and practitioners to tackle these questions. In doing so, it engages in positive law-based categorization and systematization, building on existing categorizations of obligations and putting forward new typologies of shared obligations. Ultimately, it is contended that the sharing of obligations has relevant legal implications: it can influence the content and performance of obligations as well as the responsibility relations that arise in case of a breach.