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Responsibility in International Law

Volker Roeben, Volker Roben Orcid Logo

Max Planck Yearbook of United Nations Law, Volume: 16, Pages: 1389 - 1433

Swansea University Author: Volker Roben Orcid Logo

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Abstract

ABSTRACTInternational legal materials refer to ‘common but differentiated responsibility’, the ‘responsibility to protect’, or the ‘responsibility for the global economy’. These terms are manifestations of a single institution of international responsibility, which undergirds much of international l...

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Published in: Max Planck Yearbook of United Nations Law
ISSN: 1389-4633
Published: Martinus Nijjhoff 2012
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URI: https://cronfa.swan.ac.uk/Record/cronfa7101
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spelling 2017-12-28T13:26:56.3620957 v2 7101 2012-02-13 Responsibility in International Law 570c961ebf126966940769f5bf1d229f 0000-0003-4969-3939 Volker Roben Volker Roben true false 2012-02-13 LAWD ABSTRACTInternational legal materials refer to ‘common but differentiated responsibility’, the ‘responsibility to protect’, or the ‘responsibility for the global economy’. These terms are manifestations of a single institution of international responsibility, which undergirds much of international law development since the 1990s. Institutions combine an idea and a legal reality. The idea of responsibility is that it establishes a relation between the vectors of moral agent, object, addressee to which the agent is accountable, and criteria of assessment. In the context of international law, states are the primary agents of responsibility, with international organisations being assigned with secondary responsibility. Accountability generally lies to the international community, acting through appropriate bodies which assess whether actors meet their assigned responsibility according to defined standards. This matrix of international responsibility is normatively guaranteed and concretised through an international law-making process that proceeds from the recognition in a non-binding document of responsibility as foundational principle for an area of law to the development of binding treaty law and alternative means of international law-making. The thus conceptualised institution of international responsibility is then shown to manifest itself in three reference areas of international law: sustainable development, international financial markets, and state-internal peace and stability including the responsibility to protect civilians. The paper concludes by drawing normative implications for the development and interpretation of international law that falls within the ambit of the institution of international responsibility. Journal Article Max Planck Yearbook of United Nations Law 16 1389 1433 Martinus Nijjhoff 1389-4633 Public international law, theory of international law, international environmental law, international economic law, responsibility to protect 31 12 2012 2012-12-31 http://www.brill.nl/publications/max-planck-yearbook-united-nations-law COLLEGE NANME Law COLLEGE CODE LAWD Swansea University 2017-12-28T13:26:56.3620957 2012-02-13T10:36:40.0770000 Faculty of Humanities and Social Sciences Hilary Rodham Clinton School of Law Volker Roeben 1 Volker Roben 0000-0003-4969-3939 2 0007101-31072015125336.pdf Responsibility.pdf 2015-07-31T12:53:36.2630000 Output 330193 application/pdf Not Applicable (or Unknown) true 2015-07-31T00:00:00.0000000 false
title Responsibility in International Law
spellingShingle Responsibility in International Law
Volker Roben
title_short Responsibility in International Law
title_full Responsibility in International Law
title_fullStr Responsibility in International Law
title_full_unstemmed Responsibility in International Law
title_sort Responsibility in International Law
author_id_str_mv 570c961ebf126966940769f5bf1d229f
author_id_fullname_str_mv 570c961ebf126966940769f5bf1d229f_***_Volker Roben
author Volker Roben
author2 Volker Roeben
Volker Roben
format Journal article
container_title Max Planck Yearbook of United Nations Law
container_volume 16
container_start_page 1389
publishDate 2012
institution Swansea University
issn 1389-4633
publisher Martinus Nijjhoff
college_str Faculty of Humanities and Social Sciences
hierarchytype
hierarchy_top_id facultyofhumanitiesandsocialsciences
hierarchy_top_title Faculty of Humanities and Social Sciences
hierarchy_parent_id facultyofhumanitiesandsocialsciences
hierarchy_parent_title Faculty of Humanities and Social Sciences
department_str Hilary Rodham Clinton School of Law{{{_:::_}}}Faculty of Humanities and Social Sciences{{{_:::_}}}Hilary Rodham Clinton School of Law
url http://www.brill.nl/publications/max-planck-yearbook-united-nations-law
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description ABSTRACTInternational legal materials refer to ‘common but differentiated responsibility’, the ‘responsibility to protect’, or the ‘responsibility for the global economy’. These terms are manifestations of a single institution of international responsibility, which undergirds much of international law development since the 1990s. Institutions combine an idea and a legal reality. The idea of responsibility is that it establishes a relation between the vectors of moral agent, object, addressee to which the agent is accountable, and criteria of assessment. In the context of international law, states are the primary agents of responsibility, with international organisations being assigned with secondary responsibility. Accountability generally lies to the international community, acting through appropriate bodies which assess whether actors meet their assigned responsibility according to defined standards. This matrix of international responsibility is normatively guaranteed and concretised through an international law-making process that proceeds from the recognition in a non-binding document of responsibility as foundational principle for an area of law to the development of binding treaty law and alternative means of international law-making. The thus conceptualised institution of international responsibility is then shown to manifest itself in three reference areas of international law: sustainable development, international financial markets, and state-internal peace and stability including the responsibility to protect civilians. The paper concludes by drawing normative implications for the development and interpretation of international law that falls within the ambit of the institution of international responsibility.
published_date 2012-12-31T03:08:47Z
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