Enforcing Obligations Erga Omnes in International Law
The concept of obligations erga omnes - obligations to the international community as a whole - has fascinated international lawyers for decades, yet its precise implications remain unclear. This book assesses how this concept affects the enforcement of international law. It shows that all States are entitled to invoke obligations erga omnes in proceedings before the International Court of Justice, and to take countermeasures in response to serious erga omnes breaches. In addition, it suggests ways of identifying obligations that qualify as erga omnes. In order to sustain these results, the book conducts a thorough examination of international practice and jurisprudence as well as the recent work of the UN International Law Commission in the field of State responsibility. By so doing, it demonstrates that the erga omnes concept is solidly grounded in modern international law, and clarifies one of the central aspects of the international regime of law enforcement.
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addressed agreement analysis applicants article 42 assessment Banjul Barcelona Traction dictum Barcelona Traction judgment CCPR CERD Chapter claims clauses commentary to article commentators contrast countermeasures in response Court Court’s decision discussion Diss.Op draft article East Timor ECHR enforcement rights erga omnes breaches erga omnes concept erga omnes effects erga omnes status European example exclude Fitzmaurice footnote further Genocide Convention governing human rights ibid ICJ Reports 1970 ICJ’s ICTY individually injured institute ICJ proceedings interdependent obligations international community international law international practice interpretation invoke Judge judicial jurisdiction jurisprudence jus cogens legal interest legal rules measures Nicaragua Nuclear Tests obligations erga omnes paras parties PCIJ peremptory norms provides question of standing recognised reference regime relevant respect restrictive rules of standing Security Council Simma South West Africa specific statement suggests take countermeasures tions treaty treaty-based valid erga omnes VCLT violations YbILC