Implementation of the Principle of Joint and Several Liability in the System of International Responsibility

Abstract

In domestic legal systems, Joint and several liability provides the best assurance that the plaintiffs will be compensated for their loss. The rule means that when multiple defendants are found to have caused the same damage, each defendant can be obliged to pay up to the full amount of the loss suffered. It is common in international practice that several states or international organizations contribute together to the indivisible injury of a third party. Therefore, due to the fact that there are situations in which two or more international persons share responsibility for their contribution to an indivisible injury of third persons, is it possible to apply the principle of joint and several liability in the concept of domestic law regarding distribution of reparation in situations of share international responsibility? According to this study, based on the general principle of law as a source of international law in Article 38 of the Statute of the International Court of Justice and due to the relative lack of development of the rules of international responsibility in this field, comparison with domestic law is possible. Yet, the implementation of joint and several liability in the international law system will face the obstacle of the jurisdiction of international courts.

Keywords

• share international responsibility
• joint and several liability
• full compensation
• recourse