Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-hfldf Total loading time: 0 Render date: 2024-05-02T16:22:54.146Z Has data issue: false hasContentIssue false

4 - Indivisible and Divisible Shared Obligations in International Law

Published online by Cambridge University Press:  07 July 2022

Nataša Nedeski
Affiliation:
Universiteit van Amsterdam
Get access

Summary

This chapter lays down the foundations for the argument that questions of (non-)performance raised by the practical phenomenon of sharing international obligations can be tackled by a further categorization and systematization of international obligations, since different types of shared obligations can have different legal implications. It starts by introducing the distinction between indivisible and divisible shared obligations, after which the analysis turns to the issue of how to ascertain the nature of shared obligations, as it will not always be apparent at first glance whether a particular shared obligation is to be qualified as indivisible or divisible. It will be discussed how the distinction between positive and negative obligations as well as the distinction between obligations of conduct and result can facilitate the categorization of a particular shared obligation as either divisible or indivisible. The chapter ends with some reflections on the performance of shared obligations, highlighting how both indivisible and divisible shared obligations can have relevant implications for what is expected of duty-bearers (though in different ways), necessitating a more collective approach to performance.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×