국제법상 복수 행위자의 공동책임에 대한 검토: ‘책임 공유(Shared responsibility)에 관한 원칙’을 중심으로

Nowadays ‘international cooperation’ and ‘global security’ have been the most important key word in international society. States try to remain strong allies through a series of different types of treaty and take collective measures. After the 20th centuries, due to emergence of non-state actors such as international organizations and NGO have performed significant role, the legal order of international society has changed dramatically. Due to this phenomenon, legal questions concerning international joint responsibility engaging multiple international actors have confronted serious problem in the international law of responsibility. Even though Draft Articles on the Responsibility of States for Internationally Wrongful Acts (2001) and Draft Articles on the Responsibility of International Organizations (2011) adopted by International Law Commission have become academic authoritative work in existing rules of the law of international responsibility, situations concerning joint responsibility from multiple international actors were hardly capture by these rules. Therefore Nollkaemper proposed “Shared Responsibility”, the new concept to deal with situations where a multiplicity of actors contributes to a single harmful outcome. This concept is not identical to particular form of responsibility exisiting in rules of law of international responsibility. Shared responsibility in International Law seek to provide important guidance when we confront legal questions concerning issues of joint responsibility from multiple international actors of internationally wrongful acts. Research project on shared responsibility in international law started in 2010, and drafting articles on principle of shared responsibility took place between 2016-2019 by Drafting Committee including Nollkaemper and other scholars. In 2020, Guiding Principles on Shared Responsibility in International Law has completed and these principles and commentaries have become an interpretative nature and progressive work building on the law of shared responsibility. The concept of shared responsibility can be applied in situations where multiple actors contribute to a single harm, such harm generally will be indivisible, in the sense that the proportion of harm attributable to each contributing actor cannot be determinded. Contents on definitions, concepts, and the mode of interpretation concerning shared responsibility is contained in principles on shared responsibility completed by Nollkaemper. Even though this principle has limit in that it follows the general theories and rules commented by ILC, the concept of shared responsibility and principles on shared responsibility will flexibly provide important guide line concerning the field of international joint responsibility.