The Challenges of Litigating Joint International Responsibility before ‎International Judicial Bodies

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Ahmadi Bakhtiari Delaram; Mahmoudi Seyed Hadi

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Journal Paper

Paper Information

Journal: PUBLIC LAW STUDIES QUARTERLY Year:2025 | Volume:55 | Issue:2 Page(s): 1035-1055

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Title

The Challenges of Litigating Joint International Responsibility before ‎International Judicial Bodies

Author(s)

Ahmadi Bakhtiari Delaram | Mahmoudi Seyed Hadi | Issue Writer Certificate

Keywords

concerted adjudication

‎admissibility‏ ‏of lawsuits

‎monetary gold principle

‎jurisdictional rules of ‎international tribunals

‎international shared ‎responsibility.‎

Abstract

Just as in domestic court cases, the legal involvement of two or more parties in causing a harmful result and subsequently establishing the responsibility of multiple individuals is a common issue, a similar situation can also arise in international law. In this context, the concept of joint international responsibility emerges; specifically, if a single outcome results from the wrongful conduct of multiple states and actors, it is possible to share international responsibility among these parties. Undoubtedly, the procedural rules governing such cases are of significant importance, as the unique nature of these cases can sometimes lead courts to face confusions, such as challenges regarding jurisdiction over multiple defendants, how to manage the case and the parties involved, and assessing the impact of the absence of individuals who are somehow related to the case and the alleged international responsibility. The main finding of this research is the lack of a consistent approach among international courts, including the International Court of Justice and the European Court of Human Rights, regarding the procedures for handling cases related to joint international responsibility. This issue may be attributed to the underutilization of the existing legal frameworks and the absence of appropriate solutions for scenarios that create joint responsibility in the context of multilateral disputes.

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