Andre Nollkaemper

Andre Nollkaemper
University of Amsterdam | UVA · Faculty of Law

PHD in Law, University Utrecht

About

201
Publications
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Introduction
André Nollkaemper is Professor of Public International Law and Vice-Dean for Research at the Faculty of Law of the University of Amsterdam. He also is (external) Advisor to the Minister of Foreign Affairs of the Netherlands, President of the European Society of International Law and member of the Royal Netherlands Academy of Arts and Sciences of the Netherlands. See for selected publications my page at be press http://works.bepress.com/andre_nollkaemper/
Additional affiliations
January 1996 - February 2008
Erasmus University Rotterdam
Position
  • PostDoc Position

Publications

Publications (201)
Chapter
Smart Mixes for Transboundary Environmental Harm - edited by Judith van Erp March 2019
Chapter
Smart Mixes for Transboundary Environmental Harm - edited by Judith van Erp March 2019
Book
This work offers a multidisciplinary approach to legal and policy instruments used to prevent and remedy global environmental challenges. It provides a theoretical overview of a variety of instruments, making distinctions between levels of governance (treaties, domestic law), types of instruments (market-based instruments, regulation, and liability...
Book
This is the third book in the series Shared Responsibility in International Law, which examines the problem of distribution of responsibilities among multiple states and other actors. In its work on the responsibility of states and international organisations, the International Law Commission recognised that attribution of acts to one actor does no...
Article
More and more, international institutions pursue their objectives together in the form of partnerships. Partnerships are established to work towards important policy objectives in relation to global health, environmental protection, and so on. However, the activities of partnerships may lead to questions of responsibility when such objectives are n...
Article
Met steun van de Koninklijke Nederlandse Akademie van Wetenschappen (KNAW) hebben de Erasmus School of Law (Rotterdam) en de Universiteit van Amsterdam sedert 2014 een project uitgevoerd over ‘smart mixes of transboundary environmental harm’.
Book
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Set in the context of growing interdisciplinarity in legal research, The Political Economy of International Law: A European Perspective provides a much-needed systematic and coherent review of the interactions between political economy and international law. The contributors reflect the need felt by international lawyers to open their traditional...
Chapter
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This paper is the concluding chapter of the edited volume ‘The international rule of law in the cycle of contestations and deference’. The paper first provides some patterns of national contestations (section I) and international deference (section II). The paper moves on to identify some of the shortcomings of the process of developing internation...
Research
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This paper examines the phenomenon of diffusion of responsibility from a political economy perspective. It argues that concerted actions that lead to harmful outcomes may trigger a diffusion of responsibility between States, international organisations (IOs) and other actors involved in the concerted action. Such diffusion may bring both costs and...
Article
This brief Comment responds to Jan Klabbers’ recent article, ‘The Transformation of International Organizations Law’. It focuses on three points: the polemical style and disengagement with substance in the article; the question of whether we can do without some form of functionalism; and the further question of what it means to speak of ‘responsibi...
Chapter
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This paper critically reviews the popular proposition that 'power breeds responsibility'. It first explains why this proposition is intuitively appealing. Particularly in situations where multiple actors contribute to harm, power can be a criterion for determining who of a multitude of actors should bear responsibility. For instance, much of the ca...
Article
There exists a range of situations where non-state actors and states can possibly share responsibility for their contribution to harmful outcomes, thereby raising a multitude of questions on the determination, content and implementation of responsibility in such a scenario. It may be tempting to adopt an approach whereby a shared responsibility reg...
Chapter
This chapter argues that the Court's opinion may be explained as an attempt to preserve the longer-term authority of the Court vis-à-vis its constituencies. On the one hand, exposing the conflict between Kosovo's declaration of independence and resolution 1244 would have disconnected the Court from political developments and marginalized it. On the...
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This article assesses how, 50 years after the ECJ delivered its judgment in Van Gend en Loos (VGL), the doctrine of direct effect of international law has fared outside the European Union. While obviously the core of VGL (that is, that it is EU law, not national law, which requires direct effect) is not replicated anywhere else in the world, the co...
Chapter
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Treaties, while operating primarily at international level, by definition require a legal connection to the national level. The connection between treaties and domestic law is particularly relevant when treaties regulate matters that also are also dealt with by domestic law, and determine the position of private individuals who by their very nature...
Article
The rigidity associated with formal international law has induced states and international organizations to resort to declarations, comments, guidelines, and other “informal” international instruments. Despite their informality, many of these nontreaty instruments have prompted actions at the domestic level, including before domestic courts. This A...
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In this article I explore a narrow question that was raised, but not fully addressed, in the Questions relating to the Obligation to Prosecute or Extradite (Belgium v Senegal) case: does a state that has custody over a person who is suspected of the crime of torture, but that is unwilling or unable to prosecute that person itself, have an obligatio...
Chapter
Introduction In this concluding chapter we assess the extent to which, and how, the law of international responsibility as laid down in the ARSIWA and the ARIO provides a basis for determination and implementation of a responsibility that is shared by multiple states and/or international organisations. One general conclusion can be stated up front....
Article
This paper explores the interactions between national and international courts by adopting a functional analysis. One cannot really speak about ‘the’ relationship between national and international courts. Rather, there is a multitude of legal relationships that, both in their empirical and normative dimensions, are best studied by distinguishing b...
Article
The procedural rules of international courts are key to the ability of such courts to adjudicate questions of shared responsibility. These procedural rules, as well as the practice of international courts, vary widely and have not yet been subject of systematic study. To provide a basis for studying the degree in which international courts can effe...
Article
Every new mass atrocity tends to provoke a critique of outside actors that failed to protect populations. Many observers are no longer content with condemning perpetrators and extend their moral outrage to bystanders who should have done more. However, from a legal perspective there is something disingenuous about applying a "failure to protect cri...
Article
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In this paper we review the case law of the courts of the Netherlands on the privileges and immunities of international organizations and their officials and identify to what extent the courts in this case law have engaged in transnational judicial dialogue. On substance, we argue that Netherland’s case law displays quite an isolated position on bo...
Article
This article discusses the way in which the ILC Articles on the Responsibility of International Organizations (ARIO) have addressed the responsibility of international organizations for conduct of member States implementing their normative acts. The ILC has chosen to deal with this issue through the concept of responsibility 'in connection with’ ac...
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This article, based on the non-controversial proposition that the way and degree in which international courts can contribute to the protection of a public good depends, in part, on the procedural law of such courts, sets out to expose the plurality of connections between procedure and substance. Procedures can further the substantive values of pub...
Chapter
This chapter assesses how national courts can induce compliance with international and European law, and compares the relative strengths of national courts in this regard under, respectively, international and European law. It is based on the assumption that while national courts are obviously not the primary or only cause of compliance, they can,...
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This chapter explores the basis and manifestations of joint responsibility between the European Union (EU) and its Member States for non-performance of obligations contained in multilateral environmental agreements (MEAs). Joint responsibility has often been advanced as an attractive solution where two or more actors contribute to damage and it is...
Article
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In this article I explore the distinction and relationship between two types of international legal pluralism. Internal pluralism construes a pluralism that is internal to the international legal order. External pluralism contests any hierarchical claim of international law and thus is external to the international order.The central argument of the...
Article
In The Dynamics of Rule of Law in an Era of International and Transnational Governance (forthcoming Cambridge University Press, 2012), we presented a new analytical framework for understanding developments in the rule of law field, describing and assessing the interrelated processes of rule of law promotion, diffusion and conversion. In this conclu...
Article
States that are in transition after a violent conflict or an authoritarian past face daunting challenges in (re)establishing the rule of law. This paper contains the introduction and the conclusion of a volume that empirically examines several recent attempts which states have made to buttress the rule of law by importing international law into the...
Article
The international and transnational nature of modern governance presents major challenges for the rule of law promotion agenda, at a time when the less than stellar results of traditional state-oriented rule of law promotion have led to increased doubts about the wisdom and feasibility of the enterprise. This is the introduction of a volume that se...
Article
The Dutch Court of Appeal of The Hague recently held that the Netherlands committed a wrongful act by expelling four Bosnian nationals from the protected compound of Dutchbat after the fall of Srebrenica in 1995. In doing so, the Court of Appeal set out the test of attribution as one of effective control and diverged from the case law of the Europe...
Article
This paper explores the phenomenon of the sharing of international responsibilities among multiple actors who contribute to injury to third parties. It examines the manifestations of shared responsibility, identifies the normative questions that it raises, assesses its possible consequences for international law and legal doctrine and sets forth a...
Article
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This short paper argues that in the next decades we are likely to see a fundamental separation in the form and contents of the international rule of law. In a sizeable, but relatively small group of states, international law transforms itself from its international roots and interconnects and mingles with national law. In these states, we see an in...
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The success of UN human rights treaty monitoring mechanisms (such as the Human Rights Committee) depends largely on the influence that the findings of these bodies exert on national legal orders. This paper examines the effects that national courts can and do give to such findings. It examines, on the basis of available data on the practice of nati...
Article
An increasing number of situations where international responsibility of states is engaged, involve wrongful acts committed by two or more states. Examples of such situations of shared responsibility can be found in the context of multinational military operations, extra-territorial migration policies, or acts that contribute to global environmenta...
Article
This book explores how domestic courts contribute to the maintenance of the rule of international law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book is on judicial control of exercise of public powers by states. Key cases that are reviewed in this book, and that...
Article
Wat is het verschil tussen het kiezen voor een onhoudbaar juridisch argument of het kiezen voor een politiek boven een juridisch argument? Het is niet waarschijnlijk dat ooit duidelijk zal worden of Nederland niet in feite voor het laatste standpunt heeft gekozen en dat voor de schone schijn heeft verborgen achter een juridisch onhoudbaar argument....
Article
This work assesses a major innovation in the field of international criminal law. It provides in-depth analysis of the operation of these specialized courts and considers the prospects for further application of internationalized courts.
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This paper examines the practice of the ICJ in its reception of decisions of national courts. It demonstrates that while the ICJ continues to recognize the formal separation between international law and domestic law, the practice of the Court is not based on a rigid dichotomy between the international and the domestic spheres. In particular cases,...
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This papers examines on what basis, and to what extent, secondary rules of international law, notably those relating to interpretation and reparation, may help to moderate the divergence between international norms, on the one hand, and the national manifestations of such norms, on the other. To the extent that secondary rules indeed can induce con...
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This paper explores the differences between and the similarities of how domestic courts - mainly the Dutch - apply two distinct forms of non-domestic law: public international law and European Community law. The article focuses on the application of the principle that in both areas dominates practice: the principle that courts should, whenever poss...
Article
Most international crimes are committed with the support or under the control of collective entities, notably states. Yet, international law tends to hold only individuals, rather than states responsible for such crimes. This is well illustrated in the case of Darfur. The prosecutor of the ICC stated that 'The information gathered points to an ongo...
Article
In Resolution 62/70 of 8 January 2008, the UN General Assembly speaks about the rule of law at the international level and the rule of law at the national level. While these two phrases have framed the practical and scholarly debate on the rule of the law over the past years, this bifurcation hampers our understanding of, as well as effective polic...
Article
The law of international responsiblity serves two main goals: providing reparation of individual states (or other victims) and the preservation of public order. Traditionally it has been held that despite these quite different aims, the law of of international responsibility is of a unitary nature, consisting of a single set of principles that appl...
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Dieser Beitrag untersucht die Frage, ob ein absoluter Anwendungsvorrang des internationalen Rechts besteht bzw. ob und mit welchen Begründungen dieser von nationalen Gerichten verneint werden kann. Nach einer Analyse verschiedener Szenarien für Konflikte zwischen internationalem und nationalem Recht plädiert der Beitrag schließlich für eine differe...
Article
In this chapter, I will examine one narrow aspect of the potential contribution of the notion of ‘environmental justice’ to the body of international law aiming to protect the environment. I will address the question of to what extent ‘environmental justice’ may qualify or limit states’ sovereign powers under international law to use and destroy th...
Chapter
INTRODUCTION This chapter discusses the application of treaties in the domestic legal order of the Kingdom of the Netherlands. The term treaties is used here, in accordance with the definition that is used officially in the Netherlands, to refer to any agreement, irrespective of its name or form, that binds the Netherlands under international law....
Article
This chapter, part of a forthcoming comparative study of treaty application in domestic law, discusses the practice of treaty application in the Netherlands.
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This paper is the introduction to a book that reviews the main legal avenues that are available within the international legal order to address the increasingly important problem of system criminality. The term system criminality refers to the phenomenon that international crimes, notably crimes against humanity, genocide and war crimes, often are...
Article
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This is the introduction to a book that explores the consequences of European integration for the application of public international law in the European Union and its Member States. As a consequence of the combination of expansion of the regulatory domain of international law and the increasing scope of competences of the EU, much of international...
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International courts, such as the ICC, the ICTR and the ECHR, may be willing to entrust domestic courts to do what they would have done themselves, but only if and to the extent that such domestic courts are sufficiently insulated from pressures from the political branches of their state. If this condition is satisfied, they may be willing to accep...
Article
In an increasing number of cases involving transboundary environmental harm, litigants pursue a parallel or serial litigation of overlapping or closely related claims before multiple courts. This phenomenon, that may be labbeled 'cluster-litigation' is well illustrated by teh range of cases brought in international and domestic coruts in connection...
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In this Article, we will examine some of the fundamental questions that would arise in litigation on liability for climate change, covering both domestic and international liability law. We will sketch some of the questions and issues that would have to be dealt with when a potential liability suit is brought. On a practical level, this Article is...
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Principles of international responsibility provide guidance to the consequences that domestic courts should attach to a finding that the forum state has acted or is about to act in breach of its international obligations, for instance in cases such as Sancbez-Llamas and Medellin. This article explores the situations in which principles of internati...
Article
This chapter integrates the dominant lines of argument of the different chapters and suggest some directions in which the law and legal reasoning seem to be developing. It starts by identifying three trends that several chapters in this book have highlighted: the emergence of common values, the dispersion of authority and deformalization. It then d...
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This book aims to contribute to our understanding of one of the most pressing issues of modern international law: the relationship between the international legal order on the one hand and the domestic legal orders of over 190 sovereign states on the other hand. The traditional and dominant understanding of this relationship is that there exists a...
Article
Recent legal scholarship has argued that the traditional hierarchical relationship between international courts and domestic courts has been replaced by a relationship characterized by such features as co-operation, communication and dialogue. This article examines to what extent the practice of the International Court of Justice supports that deve...
Article
Introduction This chapter examines recent developments pertaining to the international responsibility of transnational corporations for activities that may cause harm to the environment. While the position of transnational corporations in international law has been subjected to previous analyses, also in regard to international environmental law, t...
Article
Each of the four internationalized criminal courts examined in this book is embedded into, or grafted onto, the national legal order of one particular state: Yugoslavia/Kosovo, East Timor, Sierra Leone, and Cambodia. It is this connection that makes the courts 'internationalized' rather than 'international'. The linkage to a particular state raises...
Article
This article explores the consequences of the expansion of the domain of individual responsibility for the law of state responsibility. It is induced by a number of recent cases in which state responsibility claims were accompanied by prosecutions of individuals whose acts led to the responsibility of the state. An example is the parallel attributi...
Article
This article considers the judicial application of international environmental law in the Netherlands. It focuses on cases in which courts expressly applied, or refused to apply, treaty law. This article does not systematically discuss cases where courts have made reference to general principles of law that are commonly considered to fall within th...
Article
De uitspraak van de Hoge Raad in de Decembermoorden-zaak bevestigt ten dele de sterk dualistische houding van de verhouding tussen internationaal en nationaal strafrecht. Hieronder wordt een andere positie ingenomen. Ondanks bezwaren, zoals ten aanzien van de kenbaarheid en duidelijkheid van internationaal recht, concluderen de auteurs dat een ruim...

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