Netherlands Yearbook of International Law 2020

1. Front Matter

   Pages i-viii

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2. Global Solidarity and Common but Differentiated Responsibilities

   1. Front Matter

      Pages 1-1

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   2. Global Solidarity and Common but Differentiated Responsibilities

      • Maarten den Heijer, Harmen van der Wilt

      Pages 3-12

   3. Responsibility, Solidarity and Their Connections in International Law: Towards a Coherent Framework

      • Volker Roeben, Mark Amakoromo

      Pages 13-49

   4. Differentiating in the Distribution of Responsibilities: A Philosophical Analysis

      • Lonneke Peperkamp

      Pages 51-74

   5. Solidarity and Differentiation: Moral and Legal Obligations of States in Addressing Global Challenges - The Case of Climate Change

      • Francesca Romanin Jacur

      Pages 75-105

   6. Global Solidarity, Differentiated Responsibilities and the Law of the Sea

      • Richard Barnes

      Pages 107-146

   7. Differentiated Rights and Responsibilities in Activities in the Area – From Wealth Redistribution to Marine Environmental Protection

      • Tara Davenport

      Pages 147-185

   8. Are Unilateral Trade Measures in the Climate Crisis the End of Differentiated Responsibilities? The Case of the EU Carbon Border Adjustment Mechanism (CBAM)

      • Ingo Venzke, Geraldo Vidigal

      Pages 187-225

   9. Embedding ‘Solidarity’ in International Water Law: Framing ‘Equity’ in Transboundary Water Governance

      • Owen McIntyre

      Pages 227-256

   10. Common but Differentiated Responsibilities and Respective Capabilities as a Guiding Principle in International Health Law in Times of Pandemics

       • Chenguang Wang, Yi Zhang

       Pages 257-282

   11. The Flexibility Device in the International Covenant on Economic, Social and Cultural Rights

       • Yvonne Donders

       Pages 283-309

   12. Solidarity as Normative Rationale for Differential Treatment: Common but Differentiated Responsibilities from International Environmental to EU Asylum Law?

       • Elizabeth Mavropoulou, Lilian Tsourdi

       Pages 311-342

   13. Reconciling the Irreconcilable: Some Thoughts on Belligerent Equality in Non-international Armed Conflicts

       • Terry D. Gill

       Pages 343-357

3. Dutch Practice

   1. Front Matter

      Pages 359-359

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   2. In Sickness and in Health: The Right to Self-determination Within the Kingdom of the Netherlands and the Impact of the Coronavirus Crisis

      • Charlotte M. A. M. Duijf

      Pages 361-379

   3. Cooperation and Coordination in Ocean Governance: An Overview of the BBNJ Process and the Involvement of The Netherlands

      • Catherine Blanchard

      Pages 381-407

   4. Victims of Hawija v. The Netherlands: Proportionality and Precaution Under Mounting Pressure

      • Süleyman Tosun

      Pages 409-423

4. Back Matter

   Pages 425-449

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This volume of the Netherlands Yearbook of International Law (NYIL) addresses the question how the assumption that states have a common obligation to achieve a collective public good can be reconciled with the fact that the 195 states of today’s world are highly diverse and increasingly unequal in terms of size, population, politics, economy, culture, climate and historical development.  The idea of common but differentiated responsibilities is on paper the perfect bridge between the factual inequality and formal equality of states. The acknowledgement that states can have common but still different – more or less onerous – obligations is predicated on the moral and legal concept of global solidarity.  
This book encompasses general contributions on the function and the content of the related principles, chapters that describe and evaluate how the principles work in a specific area of international law and chapters that address their efficiency andbroader ramifications, in terms of compliance, free-rider behaviour and shifting balances of power. 
 
The originality of the book resides in the integration of conceptual, comparative and practical dimensions of the principles of global solidarity and common but differentiated responsibilities. The book is therefore highly recommended reading for both academics with a theoretical interest and those working within international organisations.
 
The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law.

• Common but differentiated responsibilities
• Global solidarity
• Climate law
• Environmental law
• Trade and investment law
• Human rights
• International humanitarian law

• Faculty of Law, University of Amsterdam, Amsterdam, The Netherlands

  Maarten den Heijer, Harmen van der Wilt

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