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13 Yale J. Int'l L. 225 (1988)
State Responsibility and the Principle of Joint and Several Liability

handle is hein.journals/yjil13 and id is 231 raw text is: THE YALE JOURNAL OF INTERNATIONAL LAW Volume 13, Number 2, Summer 1988 Articles State Responsibility and the Principle of Joint and Several Liability* John E. Noyes and Brian D. Smitht Introduction The law of multiple state responsibility is undeveloped. The scholarly literature is surprisingly devoid of reference to the circumstances or con- sequences of multiple state responsibility.' Judicial or arbitral decisions addressing a state's assertions that other states share responsibility are essentially unknown. Given this lack of attention to multiple state re- sponsibility, it is not surprising that the issue of reparation in such cir- cumstances has received even less attention. Yet, a mature system of international law must comprehend the responsibility of multiple state actors for a single event-including the responsible states' duties of reparation. * The authors thank Mark Janis and Howard Berman for their helpful comments on earlier drafts. This Article is an expanded and modified treatment of a subject introduced in B. SMITH, STATE RESPONSIBILITY AND THE MARINE ENVIRONMENT: THE RULES OF DECISION (1988). t Professor of Law, California Western School of Law. J.D., University of Virginia, 1977. t: Partner, Pettit and Martin, San Francisco, CA. J.D., University of Virginia, 1977; Ph.D., Trinity College, Cambridge University, 1986. I. See 2 F. GARCfA-AMADOR, THE CHANGING LAW OF INTERNATIONAL CLAIMS 765- 840 (1984) (reprinting numerous efforts to codify principles of state responsibility by the League of Nations Committee of Experts for the Progressive Codification of International Law, the Hague Codification Conference, the International Law Commission, Inter-American and other regional groups, and private institutions, none of which address multiple state re- sponsibility). But see I. BROWNLIE, SYSTEM OF THE LAW OF NATIONS: STATE RESPONSI- BILITY (Part I) 189-92 (1983). 225

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