André Nollkaemper
Biographic Data
| ID | 971779 |
|---|---|
| NAME | André Nollkaemper |
| GIVEN NAMES | André |
| FAMILY NAME | Nollkaemper |
| SIGNATURE | NOLLKAEMPER A |
| AFFILIATIONS | University of Amsterdam |
| ORCID | 0000-0002-4586-4940 |
| VERIFIED | Yes |
| TOTAL WORKS | 17 |
| TOTAL CITATIONS | 36 |
| WORKS AS AUTHOR | 15 |
| WORKS AS EDITOR | 2 |
| FIRST PUBLICATION YEAR | 2003 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 4 |
Avoid, Align or Contest? An Examination of National Courts' Postures in International Climate Law Litigation
In numerous climate litigation cases before national courts, plaintiffs have referred to the United Nations Framework Convention on Climate Change, the Kyoto Protocol, and/or the Paris Agreement to support their claims. So far, no systematic appraisal has been conducted on how national courts have responded to such references to international climate law and the extent to which they have engaged with it. This article examines 148 cases in which p…
International Law and the Agony of Animals in Industrial Meat Production
International law leaves states and meat-producing corporations full freedom to annually subject billions of animals to extreme suffering during intensive meat production. In the last two decades, the World Organisation for Animal Health (WOAH) has taken the lead in developing international standards for animal welfare. WOAH alone will not be able to restrict the liberty of international law, given the fact that demanding legal standards may hind…
International Law and Democracy Revisited
EJIL Symposium Issue: International Law and Democracy Revisited : Introduction to the Symposium
Guiding Principles on Shared Responsibility in International Law
It is common in international practice that several states and/or international organizations contribute together to the indivisible injury of a third party. Examples thereof are aplenty in relation to climate change and other environmental disasters, joint military activities and cooperative actions aimed at stemming migration. Such situations are hardly captured by the existing rules of the law of international responsibility. In particular, th…
The duality of shared responsibility
This paper examines the duality of shared responsibility. The paper argues that shared responsibility is generally regarded as having the potential to address responsibility gaps in situations of concerted action. As such, shared responsibility may be important for global governance in relation to such diverse areas as peace-keeping, climate change, migration, and conservation of natural resources. The paper also argues that the sharing of respon…
International Law as a Profession
International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays…
Distribution of Responsibilities in International Law
This is the second 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 not exclude possible attribution of the same act to another state or organisation. However, it provid…
Saving the Scarecrow
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 'responsibility beyond functionalism
Aligning Frames for Elephant Extinction
The development of rules and institutions relating to protection of elephants demonstrates the cardinal role of issue framing for international law. Frames are lenses that we use to highlight parts of reality and to promote particular policies over others. Over the past few decades, a wide variety of treaties and institutions addressing threats to elephants has developed, reflecting as wide a variety of frames. Some of these have helped elephants…
The Duality of Direct Effect of International Law
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 courts of a considerable number of states have been able to give direct effect to international law. A…
International Adjudication of Global Public Goods
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 public goods but can also serve interests of their own and can even work against such substantive value…
Unilateralism/Multilateralism
Dual Attribution
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 European Court of Human Rights. The Court held the standard of effective control must be assessed by the p…
The European Courts and the Security Council
Internationally Wrongful Acts in Domestic Courts
This article explores the relevance of the law of international responsibility to the practice of domestic courts. In addition to proposing analytical distinctions that allow us to systematize and differentiate domestic case law pertaining to international responsibility, the article essentially advances three arguments. First, in certain circumstances domestic courts may find that a breach of an international obligation by the forum state consti…
The Role of Domestic Courts in the Case Law of the International Court of Justice
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 development. It concludes that the while the case law of the International Court of Justice remains larg…
Concurrence between Individual Responsibility and State Responsibility in International Law
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 attribution of (alleged) acts of genocide in the former Yugoslavia between 1991 and 1995 to Yugoslavia and to…
Internationally Wrongful Acts in Domestic Courts
This article explores the relevance of the law of international responsibility to the practice of domestic courts. In addition to proposing analytical distinctions that allow us to systematize and differentiate domestic case law pertaining to international responsibility, the article essentially advances three arguments. First, in certain circumstances domestic courts may find that a breach of an international obligation by the forum state consti…
Concurrence between Individual Responsibility and State Responsibility in International Law
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 attribution of (alleged) acts of genocide in the former Yugoslavia between 1991 and 1995 to Yugoslavia and to…
The duality of shared responsibility
This paper examines the duality of shared responsibility. The paper argues that shared responsibility is generally regarded as having the potential to address responsibility gaps in situations of concerted action. As such, shared responsibility may be important for global governance in relation to such diverse areas as peace-keeping, climate change, migration, and conservation of natural resources. The paper also argues that the sharing of respon…
Dual Attribution
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 European Court of Human Rights. The Court held the standard of effective control must be assessed by the p…
Guiding Principles on Shared Responsibility in International Law
It is common in international practice that several states and/or international organizations contribute together to the indivisible injury of a third party. Examples thereof are aplenty in relation to climate change and other environmental disasters, joint military activities and cooperative actions aimed at stemming migration. Such situations are hardly captured by the existing rules of the law of international responsibility. In particular, th…
The Role of Domestic Courts in the Case Law of the International Court of Justice
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 development. It concludes that the while the case law of the International Court of Justice remains larg…
International Adjudication of Global Public Goods
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 public goods but can also serve interests of their own and can even work against such substantive value…
International Law and Democracy Revisited
EJIL Symposium Issue: International Law and Democracy Revisited : Introduction to the Symposium
The European Courts and the Security Council
Concurrence between Individual Responsibility and State Responsibility in International Law
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 attribution of (alleged) acts of genocide in the former Yugoslavia between 1991 and 1995 to Yugoslavia and to…
The Role of Domestic Courts in the Case Law of the International Court of Justice
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 development. It concludes that the while the case law of the International Court of Justice remains larg…
Internationally Wrongful Acts in Domestic Courts
This article explores the relevance of the law of international responsibility to the practice of domestic courts. In addition to proposing analytical distinctions that allow us to systematize and differentiate domestic case law pertaining to international responsibility, the article essentially advances three arguments. First, in certain circumstances domestic courts may find that a breach of an international obligation by the forum state consti…
The European Courts and the Security Council
Unilateralism/Multilateralism
Dual Attribution
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 European Court of Human Rights. The Court held the standard of effective control must be assessed by the p…
International Adjudication of Global Public Goods
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 public goods but can also serve interests of their own and can even work against such substantive value…
Aligning Frames for Elephant Extinction
The development of rules and institutions relating to protection of elephants demonstrates the cardinal role of issue framing for international law. Frames are lenses that we use to highlight parts of reality and to promote particular policies over others. Over the past few decades, a wide variety of treaties and institutions addressing threats to elephants has developed, reflecting as wide a variety of frames. Some of these have helped elephants…
The Duality of Direct Effect of International Law
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 courts of a considerable number of states have been able to give direct effect to international law. A…
Distribution of Responsibilities in International Law
This is the second 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 not exclude possible attribution of the same act to another state or organisation. However, it provid…
Saving the Scarecrow
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 'responsibility beyond functionalism
International Law as a Profession
International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays…
The duality of shared responsibility
This paper examines the duality of shared responsibility. The paper argues that shared responsibility is generally regarded as having the potential to address responsibility gaps in situations of concerted action. As such, shared responsibility may be important for global governance in relation to such diverse areas as peace-keeping, climate change, migration, and conservation of natural resources. The paper also argues that the sharing of respon…
Guiding Principles on Shared Responsibility in International Law
It is common in international practice that several states and/or international organizations contribute together to the indivisible injury of a third party. Examples thereof are aplenty in relation to climate change and other environmental disasters, joint military activities and cooperative actions aimed at stemming migration. Such situations are hardly captured by the existing rules of the law of international responsibility. In particular, th…
International Law and Democracy Revisited
EJIL Symposium Issue: International Law and Democracy Revisited : Introduction to the Symposium
International Law and the Agony of Animals in Industrial Meat Production
International law leaves states and meat-producing corporations full freedom to annually subject billions of animals to extreme suffering during intensive meat production. In the last two decades, the World Organisation for Animal Health (WOAH) has taken the lead in developing international standards for animal welfare. WOAH alone will not be able to restrict the liberty of international law, given the fact that demanding legal standards may hind…
Avoid, Align or Contest? An Examination of National Courts' Postures in International Climate Law Litigation
In numerous climate litigation cases before national courts, plaintiffs have referred to the United Nations Framework Convention on Climate Change, the Kyoto Protocol, and/or the Paris Agreement to support their claims. So far, no systematic appraisal has been conducted on how national courts have responded to such references to international climate law and the extent to which they have engaged with it. This article examines 148 cases in which p…
Political science (16 works) · International law (14 works) · Law (11 works) · International Law and Human Rights (10 works) · Sociology (9 works) · Global Peace and Security Dynamics (6 works) · Law (6 works) · Law and economics (6 works) · Computer Science (5 works) · Economics (5 works)