Enforcing Obligations Erga Omnes in International Law

NOTE EDITORE

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.

SOMMARIO

Preface; Notes on citation; List of abbreviations; Table of cases; Introduction; Part I. Background to the Erga Omnes Concept: 1. Clarifications; 2. Traditional approaches to standing; Part II. Legal issues raised by the Erga Omnes Concept: 3. Distinguishing types of Erga Omnes effects; 4. Identifying obligations Erga Omnes; 5. Standing to Institute ICJ Proceedings; 6. Standing to take countermeasures; 7. Erga Omnes enforcement rights and competing enforcement mechanisms; Conclusion; Bibliography; Index.

PREFAZIONE

The concept of obligations erga omnes - obligations to the international community as a whole - has fascinated international lawyers for decades. This book shows how this highly controversial concept has become part of modern-day international law, and how it will enhance human rights in the future.

AUTORE

Christian J. Tams is Professor of International Law at the University of Glasgow.

ALTRE INFORMAZIONI

• Condizione: Nuovo
• ISBN: 9780521128896
• Collana: Cambridge Studies in International and Comparative Law
• Dimensioni: 229 x 24 x 152 mm Ø 620 gr
• Formato: Brossura
• Pagine Arabe: 424