Enforcing Obligations Erga Omnes in International Law

by Christian J. Tams

• ISBN13: 9780521128896
• ISBN10: 0521128897
• Edition: 1st
• Format: Paperback
• Copyright: 2010-02-04
• Publisher: Cambridge University Press

Summary

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.

Table of Contents

Preface

Notes on citation

List of abbreviations

Table of cases

Introduction

Background to the Erga Omnes Concept

Clarifications

Traditional approaches to standing

Legal issues raised by the Erga Omnes Concept

Distinguishing types of Erga Omnes effects

Identifying obligations Erga Omnes

Standing to Institute ICJ Proceedings

Standing to take countermeasures

Erga Omnes enforcement rights and competing enforcement mechanisms

Conclusion

Bibliography

Index

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