This chapter introduces the ‘Guiding Principles on the Determination of Shared Responsibility Arising from Multiple International Persons’ Contribution to a Refoulement’, as well as their commentaries. More specifically, upon a recapitulation of the previous sections’ main findings, this chapter distils these findings into a set of guidelines that can be used directly by judges, practitioners and researchers for the determination of multiple international persons’ shared responsibility, when these international persons contribute through their wrongful conduct to a refoulement. The commentaries to these guidelines indicate exactly how these guidelines differ from the ILC Articles and the GPSR and which revisions have been implemented. They also reference practical examples of multiple states and/or international organizations contributing through their wrongful conduct to a refoulement, to which these guidelines would be applicable. Ultimately, the chapter concludes by highlighting this book’s contribution to our current understanding of (shared) international responsibility and by pointing to avenues for further research.

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Introducing the ‘Guiding Principles on the Determination of Shared Responsibility Arising from Multiple International Persons’ Contribution to a Refoulement’

  • Spyridoula Katsoni

摘要

This chapter introduces the ‘Guiding Principles on the Determination of Shared Responsibility Arising from Multiple International Persons’ Contribution to a Refoulement’, as well as their commentaries. More specifically, upon a recapitulation of the previous sections’ main findings, this chapter distils these findings into a set of guidelines that can be used directly by judges, practitioners and researchers for the determination of multiple international persons’ shared responsibility, when these international persons contribute through their wrongful conduct to a refoulement. The commentaries to these guidelines indicate exactly how these guidelines differ from the ILC Articles and the GPSR and which revisions have been implemented. They also reference practical examples of multiple states and/or international organizations contributing through their wrongful conduct to a refoulement, to which these guidelines would be applicable. Ultimately, the chapter concludes by highlighting this book’s contribution to our current understanding of (shared) international responsibility and by pointing to avenues for further research.