Responsibility, Solidarity and their Connections in International law: Towards a Coherent Framework

Roeben, Volker; Amakoromo, Mark

Abstract

The principle of common but differentiated responsibilities (CBDR), as one of the differing senses in which the concept of responsibility is used, represents an exception to the rules governing the equal treatment of States under international law. Its centrality in discussions relating to addressing global challenges has led to its recognition as a potent tool for examining the principle of solidarity. While the status of solidarity as a principle in international law remains uncertain, its influence as a moral value and as a tool for critical analysis of the law are clear. As such, there is a need to examine the extent to which solidarity influences the CBDR principle and vice versa particularly from a conceptual perspective. Drawing out the normative implications of the conceptual nexus between the CBDR principle and solidarity will form the foundation for the development and interpretation of international law in this regard. The chapter develops this argument as follows. It first discusses responsibility under international law as the foundation for the discussion of the CBDR principle. Secondly, the conceptual connections CBDR shares with solidarity will be explained. Thirdly, the chapter will discuss select reference areas of international law to determine the extent to which these connections are currently manifest. Finally, the chapter concludes with recommendations targeted at further strengthening of the CBDR principle as a platform for solidarity in the development of international law.

Citation

Roeben, V., & Amakoromo, M. (2022). Responsibility, Solidarity and their Connections in International law: Towards a Coherent Framework. In Netherlands Yearbook of International Law (13-49). T.M.C Asser Press. https://doi.org/10.1007/978-94-6265-527-0_2

• Online Publication Date: Aug 27, 2022
• Publication Date: 2022
• Deposit Date: Feb 10, 2022
• Publicly Available Date: Aug 28, 2023
• Publisher: T.M.C Asser Press
• Pages: 13-49
• Series Title: Netherlands Yearbook of International Law
• Series Number: 51
• Book Title: Netherlands Yearbook of International Law
• DOI: https://doi.org/10.1007/978-94-6265-527-0_2
• Public URL: https://durham-repository.worktribe.com/output/1622936