Journal articles: 'Erga omnes obligations'

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Lefeber, René. "Cum Grano Salis." Leiden Journal of International Law 11, no. 1 (March 1998): 1–7. http://dx.doi.org/10.1017/s0922156598000016.

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It has to date not been examined in-depth what correlative rights and obligations the breach of an erga omnes obligation or an erga omnes right may entail. In his Separate Opinion in the Gabčíkovo-Nagymaros case, Judge Weeramantry devotes one section to the legal consequences of the involvement of erga omnes obligations in inter partes judicial procedures. This editorial analyses the relevant parts of Judge Weeramantry's Separate Opinion and explores the impact it may have on future litigation involving erga omnes issues.

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Linderfalk, Ulf. "International Legal Hierarchy Revisited – The Status of Obligations Erga Omnes." Nordic Journal of International Law 80, no. 1 (2011): 1–23. http://dx.doi.org/10.1163/157181011x547180.

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AbstractIncreasingly, international legal arguments exploit the peculiar nature of obligations erga omnes. This practice raises questions about the precise legal status of norms expressing such obligations relative to other norms of international law. According to an oft-made suggestion, whether a norm is part of the international jus cogens or not, when it expresses obligations erga omnes it is hierarchically superior to all other norms of non-peremptory international law. This essay inquires into the justification of this theory – throughout the essay referred to as “the Theory on the Superior Status of Erga Omnes Obligations”. As shown in section 2, irrespective of whether inferential legal evidence exists or not, the Theory on the Superior Status of Obligations Erga Omnes can be explained by reference to the non-reciprocal character of such obligations. However, logic requires that the theory be restated to include also interdependent obligations and obligations erga omnes partes. As shown in section 3, although inferential legal evidence provides some support for the Theory on the Superior Status of Obligations Erga Omnes, the evidence is not entirely consistent. As shown in section 4, if the theory on the superior status of obligations erga omnes is adopted and applied on a wide scale, this will have detrimental effects on the overall understanding of international law. Rather than a more properly functioning international legal system, confusion and disorganization will ensue.

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Allain, Jean. "Slavery and Its Obligations Erga Omnes." Australian Year Book of International Law 36, no. 1 (October 1, 2019): 83–124. http://dx.doi.org/10.1163/26660229_03601007.

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Abstract This study explores the obligations of international law as they relate to slavery. In so doing, it recognises that recent developments of the law of slavery has brought to life existing treaty and customary international law obligations. The totality of these obligations is considered, with special emphasis given to slavery’s obligations erga omnes. That emphasis reveals both the failure of nearly half of all States to effectively incorporate the prohibition of slavery into their domestic legal order; and the underlying communal interest which necessitates all States cooperate in addressing wholesale reintroduction of the slave trade by Daesh / ISIS.

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Tanaka, Yoshifumi. "Reflections on Locus Standi in Response to a Breach of Obligations Erga Omnes Partes: A Comparative Analysis of the Whaling in the Antarctic and South China Sea Cases." Law & Practice of International Courts and Tribunals 17, no. 3 (December 10, 2018): 527–54. http://dx.doi.org/10.1163/15718034-12341391.

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AbstractThe concept of obligations erga omnes partes can be regarded as one of the key elements in the protection of common interests in international law. A particular issue that arises in this context is whether not directly injured States are entitled to institute proceedings against a State responsible for the breach of obligations erga omnes partes enshrined in a multilateral treaty. Two recent cases, i.e. the Whaling in the Antarctic and South China Sea cases, provide an interesting insight into this issue. Thus, this article seeks to examine issues of the locus standi of not directly injured States in response to a breach of obligations erga omnes partes by analysing the Whaling in the Antarctic and South China Sea cases. In so doing, this article considers the role of an international court or tribunal in effectuating obligations erga omnes partes and its limitations.

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Urs, Priya. "Obligations erga omnes and the question of standing before the International Court of Justice." Leiden Journal of International Law 34, no. 2 (March 1, 2021): 505–25. http://dx.doi.org/10.1017/s0922156521000091.

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AbstractA number of states have in recent years sought to invoke the responsibility of other states for breaches of their international obligations erga omnes. Their contention is that these obligations are not owed to them bilaterally but in the collective interest, whether as states parties to multilateral treaties or as members of the international community as a whole. This growing interest in the invocation of responsibility for breaches of obligations erga omnes is discussed primarily in relation to the International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts. The Articles being a statement of principle, and indeed, a progressive development of the law on the issue, attention must also be paid to the decisions and dicta of the International Court of Justice. Of particular interest, and the focus of this article, is the question of a state’s standing to institute proceedings before the Court to invoke responsibility for the breach of an obligation erga omnes even in the absence of any injury on its part. The most recent manifestation of this position is The Gambia’s institution in 2019 of proceedings against Myanmar, solely on the basis that all states parties to the Genocide Convention have a legal interest in compliance with the obligations therein. By scrutinizing the practice of the Court to date, the article examines the limits and consequences of an expansive right of standing for states seeking to enforce obligations erga omnes at the Court.

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HUANG, J. "Aviation Safety, ICAO and Obligations Erga Omnes." Chinese Journal of International Law 8, no. 1 (January 24, 2009): 63–79. http://dx.doi.org/10.1093/chinesejil/jmn039.

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Johnstone, Rachael Lorna. "Invoking Responsibility For Environmental Injury In The Arctic Ocean." Yearbook of Polar Law Online 6, no. 1 (March 11, 2014): 1–35. http://dx.doi.org/10.1163/1876-8814_002.

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As the Arctic Ocean opens up to industrial development, the duties of States to protect the North’s vulnerable ecosystems become increasingly important. However, in the event that a State governing hydrocarbon operations in the Arctic Ocean does not exercise due diligence, it is far from clear which States, if any, can invoke responsibility and seek appropriate remedies. In the 2001 Articles on State Responsibility, the International Law Commission entrenched a dichotomy between injured States and other States: a State cannot be considered to have a relevant legal interest on the simple basis that another State has violated a norm to which both are party. States which are not directly affected by a violation can only invoke responsibility for limited categories of norms: obligations erga omnes and obligations erga omnes partes. Under the Convention on the Law of the Sea as well as in light of customary law, States have obligations to protect all of the marine environment, not just those maritime zones under the jurisdiction of other States. This includes a duty to protect the environment of the State’s own EEZ as well as the EEZ of other States and the High Seas. However, hydrocarbon developments in the Arctic Ocean can potentially violate these norms without creating an injured State. In the absence of an injured States, the question arises as to who might invoke responsibility for such wrongful conduct. In other words, are the norms at stake erga omnes or erga omnes partes? This paper will focus on this gap in the knowledge by setting out the criteria for a norm to have the status erga omnes or erga omnes partes and will argue that recent developments in international law indicate that norms to protect the marine environment have this character.

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Krasikov, Dmitry V., and Nadezhda N. Lipkina. "The “International Community’S Interests” Element of the State of Necessity Test: Does It Make the Jus Cogens Limitation on Necessity Superfluous?" Journal of Politics and Law 12, no. 4 (November 28, 2019): 44. http://dx.doi.org/10.5539/jpl.v12n4p44.

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According to Article 25 par. 1 (b) and Article 26 of the 2001 International Law Commission Articles on Responsibility of States for Internationally Wrongful Acts, the concept of general international law peremptory norms and that of interests of “the international community as a whole” play an important role in shaping the state of necessity as one of the circumstances that preclude wrongfulness of States’ conduct under general international law. The limitation on the necessity defense, placed by the international community’s interest condition contained in Article 25 par. 1 (b) of the ILC Articles, serves as a safeguard for the interests protected by the erga omnes international obligations. The concepts of erga omnes and of general international law peremptory norms differ significantly and while all the norms of the latter type give rise to obligations erga omnes, not every such obligation arises out of peremptory norms. This evidences of an autonomous role of the relevant provision of Article 25 par. 1 (b) but not of the jus cogens limitation under Article 26 in the context of the necessity defense. The present article argues that the jus cogens limitation under Article 26 plays a role largely independent from that of Article 25 par. 1 (b) since it is incorrect to see the latter as an absolute guarantee of obligations erga omnes. The present article is a part of a larger project “Circumstances precluding wrongfulness of conduct: the analysis of functional role and applicability parameters in the framework of International Human Rights Law” supported by the Russian Foundation for Basic Research (RFBR Grant No. 18-011-00660).

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Nihreieva, O. "TOWARDS THE ESSENTIAL CHARACTERISTICS OF OBLIGATIONS ERGA OMNES." International Law Almanac, no. 25 (2021): 29–37. http://dx.doi.org/10.32841/ila.2021.25.04.

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Hamid, Abdul Ghafur. "THE ROHINGYA GENOCIDE CASE (THE GAMBIA V MYANMAR): BREACH OF OBLIGATIONS ERGA OMNES PARTES AND THE ISSUE OF STANDING." IIUM Law Journal 29, no. 1 (June 30, 2021): 29–54. http://dx.doi.org/10.31436/iiumlj.v29i1.630.

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On 23rd January 2020, the International Court of Justice indicated provisional measures to protect the Rohingya from the alleged genocidal acts committed in Myanmar. Rejecting the argument made by Myanmar, the World Court decided that The Gambia has standing before the court although it was not directly injured by the alleged wrongful act. The court applied the concept of “obligations erga omnes partes” in the context of its ruling on standing. The court, however, did not elaborate more on the concept and did not touch on its details. Since this case had attracted so much international attention, the concept has become a trending topic for legal discourse. This article, therefore, is an attempt to resolve the issues of whether the concept of obligations erga omnes partes has been established as a rule of customary international law and whether such an obligation may arise from any type of multilateral treaty and any provision in a multilateral treaty. To this end, the article analyses the jurisprudence of the International Court of Justice (ICJ), the case law of international human rights courts and the work and the valuable commentary of the International Law Commission on Article 48 of the Articles on the Responsibility of States for Internationally wrongful Act 2001. The article concludes that the concept of obligations erga omnes partes has been established as a rule of customary international law, that it may arise from any type of multilateral treaty and that it is applicable only in relation to the provision of a treaty that is essential to the accomplishment of object and purpose of the treaty.

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Nihreieva, О. О. "OBLIGATIONS ERGA OMNES IN THE CONTEXT GENERAL THEORY OF LAW." Odesa National University Herald. Jurisprudence 24, no. 2(35) (December 5, 2019): 7–14. http://dx.doi.org/10.18524/2304-1587.2019.2(35).185883.

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12

Tanaka, Yoshifumi. "The Legal Consequences of Obligations Erga Omnes in International Law." Netherlands International Law Review 68, no. 1 (March 15, 2021): 1–33. http://dx.doi.org/10.1007/s40802-021-00184-9.

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13

Pegna, O. L. "Counter-claims and Obligations Erga Omnes before the International Court of Justice." European Journal of International Law 9, no. 4 (January 1, 1998): 724–36. http://dx.doi.org/10.1093/ejil/9.4.724.

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Longobardo, Marco. "The Contribution of International Humanitarian Law to the Development of the Law of International Responsibility Regarding Obligations Erga Omnes and Erga Omnes Partes." Journal of Conflict and Security Law 23, no. 3 (2018): 383–404. http://dx.doi.org/10.1093/jcsl/kry026.

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Нігреєва, О. О. "ENFORCEMENT OF OBLIGATIONS ERGA OMNES IN INTERNATIONAL LAW: TO THE ISSUE OF MEASURES." Constitutional State, no. 35 (October 22, 2019): 96–105. http://dx.doi.org/10.18524/2411-2054.2019.35.181337.

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TAMS, CHRISTIAN J., and ANTONIOS TZANAKOPOULOS. "Barcelona Traction at 40: The ICJ as an Agent of Legal Development." Leiden Journal of International Law 23, no. 4 (November 22, 2010): 781–800. http://dx.doi.org/10.1017/s0922156510000361.

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AbstractThe article revisits the Barcelona Traction judgment of the International Court of Justice, rendered forty years ago. It evaluates the lasting influence of the Court's pronouncements on the nationality of corporations and on obligations erga omnes, and uses the case to illustrate the Court's role as an influential agent of legal development. In this respect, it identifies a number of factors that can help to explain under which circumstances judicial pronouncements are likely to shape the law.

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Christianti, Diajeng Wulan. "Why We Need Erga Omnes Character for Obligations to Combat Impunity for International Crimes?" PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 4, no. 2 (October 23, 2017): 362–78. http://dx.doi.org/10.22304/pjih.v4n2.a8.

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Moyo, Monica P. "Final Report on the Obligation to Extradite or Prosecute (Aut Dedere Aut Judicare) (Int’l L. Comm’n)." International Legal Materials 54, no. 4 (August 2015): 758–79. http://dx.doi.org/10.5305/intelegamate.54.4.0758.

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At its sixty-sixth session in 2014, the International Law Commission completed its final report on the obligation to extradite or prosecute and submitted it to the United Nations General Assembly for consideration at its sixty-ninth session.1 The report concluded the Commission’s work on a topic the General Assembly had long considered important in states’ efforts to cooperate in the prevention of impunity for crimes of international concern.2 The Commission addressed the implementation of the obligation; gaps in the existing conventional regime; the priority between the obligation to prosecute and the obligation to extradite, and the scope of the obligation to prosecute; the relationship between the obligation with erga omnes obligations or jus cogens norms; the customary international law status of the obligation; and other matters of relevance from the general framework created in 2009 for the Commission’s consideration of the topic.

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Kerr, Baine P. "Bridging the Climate and Maritime Legal Regimes: The imo’s 2018 Climate Strategy as an Erga Omnes Obligation." Climate Law 11, no. 2 (July 22, 2021): 119–56. http://dx.doi.org/10.1163/18786561-11020001.

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Abstract Scholarship and practice before the European Court of Justice indicate that international organizations can unilaterally bind themselves under international law. This article evaluates whether the International Maritime Organization did so with its 2018 ‘Strategy’ to reduce greenhouse gas emissions from shipping. After first identifying the source of the imo’s mandate to regulate greenhouse gas emissions from shipping and its treaty obligations to do so, it finds that the imo has the institutional competence to unilaterally bind itself with respect to its function and purpose of regulating vessel-source pollution. It further finds that the imo imposed on itself an erga omnes obligation to mitigate climate change in order to meet the Paris Agreement’s global warming limitation goals. The article reflects on the implications of these findings for climate law and international law generally.

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Bills, Amanda. "The Relationship between Third-party Countermeasures and the Security Council’s Chapter vii Powers: Enforcing Obligations erga omnes in International Law." Nordic Journal of International Law 89, no. 1 (March 14, 2020): 117–41. http://dx.doi.org/10.1163/15718107-bja10003.

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The article examines the relationship between third-party countermeasures and the Security Council’s powers to adopt measures under Chapter vii of the United Nations Charter in response to breaches of obligations erga omnes. It is shown that the resort to third-party countermeasures is neither precluded nor subject to limitations as a result of the relationship to the Security Council’s Chapter vii powers, even when both types of measures are adopted concurrently. Moreover, the fears that third-party countermeasures would interfere with or undermine the effective application of Security Council measures do not appear to have materialised in practice.

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Kim, Boyeon. "Lawful measures by non-injured states against the breach of obligations erga omnes in international law." Kyung Hee Law Journal 55, no. 3 (September 30, 2020): 363–98. http://dx.doi.org/10.15539/khlj.55.3.11.

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Fitzmaurice, Malgosia. "M. Ragazzi, The Concept of International Obligations Erga Omnes, Clarendon Press, Oxford 1997, 264 + XVI pp." Netherlands International Law Review 45, no. 03 (December 1998): 455. http://dx.doi.org/10.1017/s0165070x0000231x.

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박현석. "Standing to institute ICJ proceedings based on alleged breaches of obligations erga omnes (partes) in international law." Journal of hongik law review 19, no. 3 (September 2018): 109–38. http://dx.doi.org/10.16960/jhlr.19.3.201809.109.

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PELTONEN, HANNES. "Modelling international collective responsibility: the case of grave humanitarian crises." Review of International Studies 36, no. 2 (April 2010): 239–55. http://dx.doi.org/10.1017/s026021051000001x.

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AbstractSince its popular appearance in 2001, the responsibility to protect has gained wide attention. Yet, the meaning of responsibility in the R2P report has remained unexamined. The first task of this article is to conceptualise responsibility as it seems to arise from the R2P report. It is argued that the responsibility in the report is collective in nature, and analogous to obligations erga omnes and collective responsibility to extinguish fires before the institutionalisation of fire departments. The second task is to provide a model of collective responsibility with criteria that allow dividing the burden of fulfilling the common responsibility among the members of the collective. The model bridges the conceptual level with the level of practice.

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Gaeta, Paola. "The Super-Normativity of International Criminal Law." AJIL Unbound 114 (2020): 82–86. http://dx.doi.org/10.1017/aju.2020.14.

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Nowadays, Prosper Weil's concerns about the emergence of international rules protecting so-called community values, and thus being endowed with special normative force in comparison to “ordinary” international rules, cannot but appear excessive. The existence of such rules as jus cogens or as rules establishing erga omnes obligations is undisputed. And yet Prosper Weil's prediction of their negative impact on the essential functions of international law has not materialized. Weil's concerns acquire instead significance in the field of international criminal law, whose development in the last decades is premised on the need to protect values fundamental to the international community as a whole through the threat of a criminal sanction against individual transgressors.

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GIOIA, FEDERICA. "State Sovereignty, Jurisdiction, and ‘Modern’ International Law: The Principle of Complementarity in the International Criminal Court." Leiden Journal of International Law 19, no. 4 (December 2006): 1095–123. http://dx.doi.org/10.1017/s0922156506003761.

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The article analyses the main features of the Statute of the International Criminal Court in the context of recent developments in international law. The core submission is made that the states' obligations enshrined in the Statute (namely, to investigate and prosecute the most heineous crimes, and to co-operate with the Court in their investigation and prosecution) are to be construed as obligations erga omnes. Since ending impunity for such crimes transcends the interests of individual states, the Court should act on behalf of the international community in remedying any shortcomings of states' action in this respect. In this perspective, particular attention is devoted to the principle of complementarity: it is argued that it could and should be construed and implemented in such a way as genuinely to allow the achievement of the universal objective of preventing impunity for those crimes of concern to the international community.

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GAREAU, JEAN-FRANÇOIS. "Shouting at the Wall: Self-Determination and the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory." Leiden Journal of International Law 18, no. 3 (October 2005): 489–521. http://dx.doi.org/10.1017/s0922156505002840.

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This article appraises the impact of the Advisory Opinion of 7 July 2004 on the development of self-determination as a legal principle. The plight of the Palestinians being widely understood as a textbook self-determination struggle, the Court had to address the issue in its examination of the case at hand. Self-determination left an indelible mark upon the Opinion, from the decision to allow Palestine to participate, through the use of the principle as applicable law, to the elucidation of the violations and the erga omnes character of the obligations breached. The article examines the Court's positions, which, however sparsely elaborated, may have serious repercussions on the understanding of the principle and on its handling in future judicial proceedings.

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Lipkina, N. N. "Human Rights as a Common Interest of the International Community under the Law of International Responsibility." Lex Russica 1, no. 9 (September 26, 2019): 63–76. http://dx.doi.org/10.17803/1729-5920.2019.154.9.063-076.

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Human rights are playing an increasingly important role in the functioning and development of society, and the international legal regulation of the sphere of inter-State cooperation on human rights has acquired a number of specific features that have a significant impact on the development of various institutions of international law, including the law of international responsibility. The purpose of the article is to analyze the features and problems of implementation of the methodology of ensuring the common interest of the international community as a whole that includes protection of human rights under the law of international responsibility. The author considers the category “common interests of the international community as a whole,” and explores its importance in the process of intensification of interstate cooperation in the field of human rights. It is noted that such instruments of ensuring the implementation of the common interests of the international community as a whole as norms of jus cogens and obligations erga omnes predetermine the specifics of the content of the secondary rules of the law of international responsibility. These include rules establishing circumstances precluding the wrongfulness of an act, establishing the consequences of serious breaches of obligations arising from peremptory norms of international law governing the invocation of responsibility by a State other than an injured State. The author emphasizes the significance of the instruments under consideration in the process of establishing the features of the content of individual constructions of the law of international responsibility. Attention is drawn to the fact that implementation of the common interest of the international community as a whole ensuring promotion and protection of human rights in the law of international responsibility entails some difficulties arising due to the lack, inter alia, of consensus concerning methodology for classifying international law as jus cogens norms and the existence of different approaches to understanding the content and structure of human rights per se. It is concluded that, despite the existence of these problems, it is impossible to deny the significant influence of norms of jus cogens and obligations erga omnes on the content of international legal regulation of various areas of international cooperation in the context of the growing trend towards the communitarization of international law and humanization of international relations.

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Haugen, Hans Morten. "The Nature of Social Human Rights Treaties and Standard-Setting WTO Treaties: A Question of Hierarchy?" Nordic Journal of International Law 76, no. 4 (2007): 435–64. http://dx.doi.org/10.1163/090273507x249228.

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AbstractSocial human rights are not held to belong to the category of jus cogens norms. At the same time these human rights protect vital matters, such as the right to adequate food, which obviously has a relationship to the right to life. On the other hand, the annexes to the World Trade Organization (WTO) Agreement, which are binding on all WTO member States, has implied a shift from the old General Agreement on Trade and Tariffs (GATT) to the WTO, from pure contractual treaties to more standard-setting treaties. The article seeks to analyse if the obligations erga omnes and the concept of 'multilateral obligations' are applicable to distinguish between human rights treaties on the one hand and WTO agreements on the other. The background of the analysis is also the work of the International Law Commission (ILC) Study Group on fragmentation of international law, finalised in 2006. The article finds that there is still uncertainty regarding the exact meaning of the term 'multilateral obligations'. Hence, other concepts such as 'absolute obligations' might be preferred in order to characterise human rights treaties, and hence implicitly acknowledge that treaties that protect vital matters may prevail over other treaties, based on the interests which are to be protected.

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Carrillo-Salcedo, Juan-Antonio. "The Concept of International Obligations Erga Omnes. By Maurizio Ragazzi. Oxford: Clarendon Press, 1997. Pp. xl, 260. Index. $95." American Journal of International Law 92, no. 4 (October 1998): 791–93. http://dx.doi.org/10.2307/2998150.

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Proulx, Vincent-Joël. "The Marshall Islands Judgments and Multilateral Disputes at the World Court: Whither Access to International Justice?" AJIL Unbound 111 (2017): 96–101. http://dx.doi.org/10.1017/aju.2017.25.

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The International Court of Justice (ICJ) has mostly emphasized substance over form and developed a pragmatic, flexible, objective, and fact-based analytical approach to jurisdiction. That is until a recent series of judgments veering towards jurisdictional formalism. However, to truly reflect its designation as the “World” Court, the UN's principal judicial organ must surely adjudicate some of the “big cases” with global security implications and involving important obligations erga omnes beyond strictly bilateral dynamics: the Marshall Islands cases were as good contenders as any for the Court to enhance its legitimacy capital.1 As a corollary, accepting this role might entail that the Court interpret its jurisdiction in a flexible and progressive manner, which had always been its mantra up until recently, so that the “big cases” have a chance of getting their foot in the door and being litigated.

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Toufayan, Mark. "A Return toCommunitarianism? Reacting to “Serious Breaches of Obligations Arising under Peremptory Norms of General International Law” under the Law of State Responsibility and United Nations Law." Canadian Yearbook of international Law/Annuaire canadien de droit international 42 (2005): 197–251. http://dx.doi.org/10.1017/s0069005800008523.

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SummaryDiscussion surrounding the prevention of genocide has focused to a large extent on the appropriate mode(s) of reaction to particularly serious breaches of human rights obligations. In particular, the question arose whether existing UN mechanisms aimed at preserving international peace and security should be regarded as a privileged — or even exclusive — means to enforce compliance by states with their obligations relating to genocide. Drawing extensively on the work of the International Law Commission on the codification of the law of state responsibility, the author argues that the new draft articles, with their emphasis on “serious breaches of obligations arising under peremptory norms of general international law” rather than obligations erga omnes, are ill-suited to provide for the taking of preventive measures by “not-directly affected” states. Paradoxically, the institutionalization of mechanisms for preventing gross human rights abuses has been reduced to a minimum in the new draft, with emphasis being laid on the vague requirement that states “cooperate” to bring “serious breaches” to an end. It is suggested, however, that ascribing a subsidiary role to UN organs and procedures is, despite criticisms made as to their adequacy, necessary to supplement state action. The UN has in fact a distinct legal interest that is clearly affected when breaches of obligations relating to genocide occur. More importantly, by acting on behalf of the “organized international community” in matters of international peace and security, the Security Council has itself assumed today a legally binding subsidiary obligation to prevent genocide. The article concludes that in the absence of ineffective decisional institutions for the prevention of genocide, the choice is not between the subjectivism of a decentralized response and the absence of any consequences for the most serious wrongful acts but rather to strengthen the UN’s institutional capacity to react.

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Meguro, Maiko. "Litigating climate change through international law: Obligations strategy and rights strategy." Leiden Journal of International Law 33, no. 4 (September 9, 2020): 933–51. http://dx.doi.org/10.1017/s0922156520000473.

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AbstractLitigation has presented itself as a serious means to vindicate normative commitments about climate change by forcing governments to review their policy priorities. Today, the use of such litigation is not limited to the domestic arena. International law now provides the new principal avenue for such litigation. Two litigation strategies stand out: obligations strategy and rights strategy. Obligations strategy consists of bestowing an erga omnes character to existing obligations regarding the protection of the global environment, thereby providing standing for a non-injured party before international courts. Rights strategy, on the other hand, significantly increases in practice. It consists in the invocation, before national and international courts, of remedies for environmental damages through the legal categories of human rights law.This article sheds light on the potential and limits of these litigation strategies in international law. The argument builds on the specific evolution in the legal architecture of international obligations under the United Nations Framework Convention on Climate Change (UNFCCC). The current structure of the UNFCCC now makes it substantially impossible to bring a claim against individual states regarding their specific measures against climate change. The article, by referring to the history of drafting which produced the specific structure, questions the ability of these litigation strategies to remedy the lack of international consensus and to accommodate the technical intricacy of how to turn normative commitments into actual action for climate change.

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de la Rasilla del Moral, Ignacio. "Nihil Novum Sub Sole Since the South West Africa Cases? On Ius Standi, the ICJ and Community Interests." International Community Law Review 10, no. 2 (2008): 171–97. http://dx.doi.org/10.1163/187197308x311290.

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AbstractThe Democratic Republic of the Congo v Rwanda Judgement of 3rd February 2006 marked the first occasion in which the International Court of Justice expressly pronounced on the jus cogens character of a norm of international law. The Court did also expressly extend, for the first time, the scope of the principle of consensual jurisdiction to cover the relationship between peremptory norms of general international law and the establishment of the Court's jurisdiction. Against this backdrop, this piece revisits some of the main ICJ milestones regarding community interests in light of recent doctrine on the question of ius standi in disputes involving obligations erga omnes and jus cogens norms. It does so in order to examine the main alternatives put forward by the doctrine to circumvent the requirement of state consent for the protection of community interests by jurisdictional means at the international level.

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Payne, Cymie R. "Negotiation and Dispute Prevention in Global Cooperative Institutions: International Community Interests, IUU Fishing, and the Biodiversity Beyond National Jurisdiction Negotiation." International Community Law Review 22, no. 3-4 (August 20, 2020): 428–38. http://dx.doi.org/10.1163/18719732-12341439.

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Abstract In areas beyond national jurisdiction communitarian interests are vulnerable to a weak legal order, evidenced by the prevalence of IUU fishing. The negotiation of an agreement for conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (BBNJ) and the still-evolving jurisprudence for erga omnes obligations present opportunities to strengthen them through global cooperative institutions by empowering states and non-state actors. BBNJ bodies designed to lead effective cooperation with other regimes should be considered strengthening, not undermining, to the legal order of the ocean, as economic interests emphasized in other instruments may be enhanced in the long-term by the BBNJ agreement’s planning, transparency, capacity building and technology transfer provisions. International courts have found that individual states have standing to represent community interests; non-state actors could also be recognized to have standing to access judicial fora when existential interests of humanity are at stake.

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Alvarez, José E. "The Relativity Apocalypse is Nigh." AJIL Unbound 114 (2020): 77–81. http://dx.doi.org/10.1017/aju.2020.15.

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By all rights, Prosper Weil's 1983 cri de coeur should be one of many best-forgotten law review articles. It targets, after all, concepts that few dispute today (namely jus cogens and erga omnes obligations, as well as shortcuts to finding universally applicable customary law based on “quasi-universal” treaties). Its other direct target—the distinction between international crimes and delicts—refers to once contentious debates over whether states can be charged with ordinary international delicts as well as international crimes. This has since been eclipsed by the International Law Commission's (ILC's) decision to include, in its Articles of State Responsibility, Article 41 (enumerating the consequences of “serious breaches” resulting from the violation of preemptory norms). And insofar as Weil's foil was the premise that international “delicts” can have a “variable geometry,” that too has been overtaken by events: neither the ILC's turn to “serious breaches” nor the far older proposition that individuals can be prosecuted for international crimes remains the subject of much controversy today.

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Kattan, Victor. "THE WALL*, OBLIGATIONS ERGA OMNES AND HUMAN RIGHTS: THE CASE FOR WITHDRAWING THE EUROPEAN COMMUNITY'S TERMS OF PREFERENTIAL TRADE WITH ISRAEL**." Palestine Yearbook of International Law Online 13, no. 1 (2004): 71–89. http://dx.doi.org/10.1163/221161405x00044.

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DE WET, ERIKA. "The Emergence of International and Regional Value Systems as a Manifestation of the Emerging International Constitutional Order." Leiden Journal of International Law 19, no. 3 (October 2006): 611–32. http://dx.doi.org/10.1017/s0922156506003499.

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This article explores the composition of the emerging international value system, including its hierarchical components. It also contrasts this fragile international value system with the more strongly developed European value system (European public order), as concretized by the European Convention on Human Rights and the jurisprudence of the European Court of Human Rights. It first argues that international human rights norms constitute the ‘core content’ of a constantly evolving and layered international value system. Within this value system, a special but fragile hierarchical status is granted to those human rights norms that qualify as jus cogens and/or erga omnes norms. Thereafter it explores the manner in which the European Court of Human Rights has concretized the normative superiority of obligations under the European Convention on Human Rights for member states vis-à-vis other norms of public international law, to the extent that a conflict between these norms arises. It concludes by examining whether these developments could also strengthen the international value system through a spill-over effect via the work of international human rights bodies and national courts. This, in turn, would strengthen the ability of the international value system to determine the outcome of conflicts between international obligations stemming from different international regimes.

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Mendelson, M. H. "Obligations Erga Omnes and International Crimes. By ANDRE DE HOOGH. The Hague: Kluwer, 1996. xii + 465 pp. (including appendix, bibliography and index). 124." British Yearbook of International Law 69, no. 1 (January 1, 1999): 280–82. http://dx.doi.org/10.1093/bybil/69.1.280.

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DUGARD, JOHN. "The Future of International Law: A Human Rights Perspective – With Some Comments on the Leiden School of International Law." Leiden Journal of International Law 20, no. 4 (December 2007): 729–39. http://dx.doi.org/10.1017/s0922156507004396.

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In the past fifty years there have been changes in relation to the nature and sources of international law. Academic lawyers have welcomed these changes, which show a movement away from strict consent as the basis of international law. States and government law advisers have adopted a more conservative approach and emphasize the importance of consent as a basis for international law. Different approaches are apparent in the practice of the Human Rights Council. The Council has focused on the Occupied Palestinian Territory, much to the annoyance of Western states. The developing world sees the Occupied Palestinian Territory in much the same way as the United Nations saw apartheid in South Africa. The International Court of Justice has responded wisely to both these phenomena. It has given cautious approval to new notions of international law, encapsulated in the doctrines of obligations erga omnes and jus cogens. On the subject of Palestine the Court has given an Advisory Opinion which should form the basis for a peaceful settlement of the conflict in the Middle East. Unfortunately the international community has failed to give effect to this opinion.

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Galvão, Vivianny. "O direito estatal à suspensão das obrigações do Pacto Internacional de Direitos Civis e Políticos | The state right to the suspension of the obligations of the international covenant on civil and political right." Revista Justiça do Direito 32, no. 1 (May 15, 2018): 27–48. http://dx.doi.org/10.5335/rjd.v32i1.7222.

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O direito estatal à suspensão das obrigações do Pacto Internacional de Direitos Civis e Políticos Resumo: Este artigo dedica-se à análise do artigo 4.º do Pacto Internacional de Direitos Civis e Políticos de 1966, com especial atenção à interpretação do direito estatal à suspensão das obrigações internacionais. Cabe, atualmente, ao Conselho de Direitos Humanos das Nações Unidas a tarefa de investigar os casos em que esta suspensão acontece, bem como fiscalizar os motivos da suspensão e estabelecer os parâmetros considerados legítimos. Os direitos humanos trazidos pelo Pacto Internacional sobre os Direitos Civis e Políticos, além dos demais tratados em matéria de direitos humanos, limitam o direito estatal de suspensão. As medidas aplicadas pelo Estado que evocam o direito de derrogação precisam ser consideradas estritamente necessárias e sua adoção, fundamentada e temporária; caso contrário, o Estado derrogador será considerado violador das obrigações assumidas na ordem internacional. Somente o instrumento da denúncia é capaz de desobrigar o Estado dos acordos firmados e, ainda assim, essa desvinculação não alcançariam em tese certos costumes internacionais nem, tampouco, as normas de ius cogens ou obrigações erga omnes. Infere-se que a lógica do artigo 4.º, também presente na Convenção Europeia de Direitos Humanos, está norteada pela preservação do Estado Democrático de Direito conforme se extraiu da criação da categoria dos direitos irrevogáveis. Além disso, mesmo diante da possibilidade de suspensão parcial e temporária dos direitos, o Conselho de Direitos Humanos não deixa de fiscalizar a atuação do Estado, pelo contrário, esse Conselho passa a emitir recomendações mais contundentes contra o Estado. Palavras-chave: Direito de suspensão. Direitos humanos. Direito Internacional. Pacto Internacional de Direitos Civis e Políticos. _____ The state right to the suspension of the obligations of the international covenant on civil a: nd political right Abstract: This article is devoted to the analysis of the article 4 of the International Covenant on Civil and Political Rights (ICCPR), 1966, with special attention to the interpretation of state law to the suspension of international obligations. The UN Human Rights Council is now responsible for investigating the cases in which this suspension takes place, as well as monitoring the reasons for the suspension and establishing the parameters considered legitimate. The human rights brought by the ICCPR, in addition to the other human rights treaties, limit the State's right to suspend. The measures applied by the State that evoke the right of derogation must be considered strictly necessary and the adoption, substantiated and temporary. Otherwise, the derogating State shall be considered as violating the obligations assumed in the international order. Only the instrument of denunciation can release the State from the agreements reached and, even so, that untying would not achieve in theory certain international customs nor the norms of jus cogens or obligations erga omnes. It is inferred that the logic of Article 4, which is also present in the European Convention on Human Rights, is guided by the preservation of the Democratic Rule of Law as derived from the creation of the category of irrevocable rights. Moreover, even in the face of the possibility of partial and temporary suspension of rights, the Human Rights Council does not cease to supervise the actions of the State; on the contrary, this Council is issuing more forceful recommendations against the State. Keywords: Human rights. International Covenant on Civil and Political Rights. International Law. Right of suspension.

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Lefeber, René. "The Concept of International Obligations Erga Omnes, by M. Ragazzi, Clarendon Press, Oxford, 1997, ISBN 0-19-826480-1, xl and 264 pp., UK£ 50." Leiden Journal of International Law 11, no. 3 (September 1998): 685–89. http://dx.doi.org/10.1017/s0922156598240489.

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Qu, Bo. "Protection of the Marine Environment and Obligation Erga omnes." Advanced Materials Research 356-360 (October 2011): 2587–91. http://dx.doi.org/10.4028/www.scientific.net/amr.356-360.2587.

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Obligation erga omnes is the obligation to the international community as a whole. The concept was initially expounded in the Barcelona Traction, Light and Power Company Limited Case by the International Court of Justice (ICJ) in 1970. Obligation deriving from the principles and rules concerning the basic rights of the human person belongs to obligation erga omnes. Marine environment is an important component of the human environment, and the right to environment is a basic human rights. protection of the marine environment conforms to the human basic moral value and the common interest of the international community. Protection of the marine environment is an obligation erga omnes. States should Promote the international co-operation on protection of the marine environment and perform obligation erga omnes. Where breach the obligation erga omnes, the state should entail the international responsibility.

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Mijangos González, Javier. "La doctrina de la Drittwirkung der Grundrechte en la jurisprudencia de la Corte Interamericana de Derechos Humanos." Teoría y Realidad Constitucional, no. 20 (July 1, 2007): 583. http://dx.doi.org/10.5944/trc.20.2007.6772.

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Through a study of the jurisprudence of the region over the last twenty years, it becomes possible to see that the CIDH has constructed an entire theory about the applicability of fundamental rights in relations between individuals in Latin America. Through this theory it has addressed the most important social problems in contemporary Latin American history, thus contributing to the transition to democracy for many countries in the region. The study will analyze the stages that the jurisprudence of the CIDH has passed through and which have led to the current criteria that this organization uses. The first stage consists of a series of rulings whose common denominator is the analysis of the obligation of respect and vigilance for fundamental rights by the states listed in article 1.1 of the American Convention on Human Rights. This principle, which is ever-present in its jurisprudence, brings the Inter-American Court to approaches that are similar to those proposed by the United States doctrine of state action, as it makes use of a good number of rulings made by the Supreme Court of the United States between 1960 and 1980. In the second stage, the importance originally placed on determining the characteristics of the agent who committed the violation of fundamental rights is replaced by a series of approaches in which the nature of the actual violation itself becomes the focus. In this phase, the Inter-American Court establishes the idea that the fundamental rights listed in the Convention are erga omnes obligations that are imposed not only in relation to the power of the State but also with respect to the actions of third-party individuals. Finally, the third stage in the evolution of the court’s jurisprudence is represented by the most pertinent case in this matter: Opinión Consultiva 18/03, requested by the United Mexican States regarding the legal status of immigrants. This resolution, which has established a trend up until today, definitively establishes the direct effectiveness of the fundamental rights in relations between individuals.

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Orakhelashvili, Alexander. "The Fundamental Rules of the International Legal Order: Jus Cogens and Obligations Erga Omnes. Edited by Christian Tomuschat and Jean-Marc Thouvenin. Leiden, Boston: Martinus Nijhoff, 2006. Pp. x, 471. Index. $169, €125." American Journal of International Law 100, no. 2 (April 2006): 513–17. http://dx.doi.org/10.1017/s0002930000016833.

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Bassiouni, M. Cherif. "International Crimes: "Jus Cogens" and "Obligatio Erga Omnes"." Law and Contemporary Problems 59, no. 4 (1996): 63. http://dx.doi.org/10.2307/1192190.

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Provost, Réné. "Obligations Erga Omnes and International Crimes: A Theoretical Enquiry into the Implementation and Enforcement of the International Responsibility of States. Par André de Hoogh. La Haye/Londres/Boston: Kluwer Law International, 1996. Pp. xxiii, 465. ISBN 90-411-0232-9, CAN $251.44." Canadian Yearbook of international Law/Annuaire canadien de droit international 35 (1997): 463–67. http://dx.doi.org/10.1017/s0069005800006792.

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Fox, Hazel. "Obligations Erga Omnes and International Crimes: A Theoretical Inquiry into the Implementation and Enforcement of the International Responsibility of States. By Andre de Hoooh. [The Hague/London/Boston: Kluwer Law International. 1996. xxiii + 465 pp. ISBN 90-411-0232-9. Dfi./275/$184/£124]." International and Comparative Law Quarterly 47, no. 2 (April 1998): 477–78. http://dx.doi.org/10.1017/s0020589300061996.

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Zamorano Valenzuela, Paulina. "El efecto erga omnes de las decisiones de la Corte Interamericana de Derechos Humanos." Derecho y Justicia, no. 7 (September 25, 2018): 79. http://dx.doi.org/10.29344/07196377.7.1600.

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ResumenLa gran mayoría de la doctrina se encuentra conteste en que las decisiones de la Corte Interamericana tienen efectos erga omnes, es decir, obligan no solo a los Estados partes del proceso objeto de la decisión, sino que también a los que no participaron del juicio como partes. La fuerza vinculante de los fallos de la Corte se extiende tanto a lo resolutivo como a su fundamentación, adquiriendo preponderancia su labor interpretativa de la Convención Americana y del resto delcorpus iuris interamericano.La fundamentación de la autoridadres judicata de sus fallos tiene como origen el deber de los Estados de respetar y garantizar los derechos consagrados en la Convención Americana, así como la obligación de los Estados de cumplir de buena fe los tratados internacionales. Sin embargo, ¿a través de qué medio se podría operativizar el efectoerga omnes de las sentencias de las Corte Interamericana? Una de las herramientas que facilitaría el cumplimiento de las decisiones de este órgano por parte de los Estados que no formaron parte del juicio, es a través del control de convencionalidad, el cual entrega lineamientos acerca de los sujetos obligados y el objeto de la obligación. El artículo muestra al control de convencionalidad como una de las herramientas que permite la concretización del efecto erga omnes de las decisiones de la Corte Interamericana y su papel en la construcción delius commune latinoamericano.Palabras clave: Efecto erga omnes; Corte Interamericana de Derechos Humanos; Ius Commune latinoamericano.ResumoA grande maioria da doutrina se encontra acorde com as decisões da Corte Interamericana pois têm efeitos erga omnes, ou seja, vinculam não apenas os Estados partes ao processo objeto da decisão, mas também aos que não participaram do julgamento como partes. A força vinculante das decisões da Corte se estende tanto ao resolutivo como a sua fundamentação, adquirindo preponderância seu trabalho interpretativo da Convenção Americana e do restante docorpus iuris interamericano. A fundação da autoridade res judicata de suas decisões tem como origem o dever dos Estados de respeitar e garantir os direitos consagrados na Convenção Americana, bem como a obrigação dos Estados de cumprir de boa-fé os tratados internacionais. No entanto, por meio de que poder-se-ia operacionalizar o efeito erga omnes das sentenças da Corte Interamericana? Uma das ferramentas que facilitaria o cumprimento das decisões deste órgão por parte dos Estados que não formaram parte do julgamento, é através do controle da convencionalidade, o qual entrega alinhamentos sobre os sujeitos obrigados e o objeto da obrigação.O artigo mostra ao controle da convencionalidade como uma dasferramentas que permite a concretização do efeito erga omnesdas decisões da Corte Interamericana e seu papel na construçãoda ius commune latino-americana.Palavras-chave: Efeito erga onmes; Corte Interamericana de Direitos Humanos; Ius Commune Latino-Americano. AbstractMost authors considered that the decisions of the Inter-American Court have erga omnes effects, that is, they obligate not only the States parties to the process subject of the decision but also those who did not participate in the trial as parts. The binding force of the Court’s rulings extends both to reasons and to its ratio decidendi, acquiring a preponderance of its interpretative work of the Convention and the rest of the Inter-American corpus iuris. The foundation of the res judicata authority of its rulings is based on the duty of the States to respect and guarantee the rights enshrined in the Convention, as well as the obligation of the States tocomply in good faith with international treaties. However, how the erga omnes effects of the judgments of the Inter-American Court could be operationalized? One of the tools that could be used to compliance with the decisions of the Court by the States that were not part of the trial, is through the control of conventionality, which provides guidelines on the subjects and the obligation. The article shows the control of conventionality as one of the tools that allows the concretion of theerga omnes effect of the decisions of the Court and its role in the construction of the Latin American ius commune.Keywords: Erga onmes effect; Inter-American Court of Human Rights; Ius Commune latinoamericano.

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Annoni, Alessandra. "International Cooperation for the Repression of Core Crimes." Brill Research Perspectives in Transnational Crime 3, no. 2-3 (January 15, 2021): 67–89. http://dx.doi.org/10.1163/24680931-12340018.

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Abstract The burden of ensuring the repression of crimes that shock the conscience of mankind lies primarily with States. National prosecution of core crimes, however, relies heavily on inter-State cooperation. The obligation to cooperate in order to bring to justice the authors of war crimes, genocide and crimes against humanity may well be considered as a corollary of the erga omnes obligation to investigate and punish these crimes. The international instruments devoted to the repression of core crimes, however, fail to provide a sufficient regulatory framework for horizontal cooperation in this field, leaving it to States to make use of the tools established under domestic law, or provided by other existing treaties. The UNTOC and its Supplementing Protocols may prove useful in this framework. Even though these instruments were not expressly designed to tackle core crimes, some of the offences covered by them may indeed qualify as crimes against humanity or war crimes, if assisted by the ‘contextual element’ which characterizes the latter crimes. The UNTOC, moreover, can be used to further the prosecution of criminal groups that aid the commission of core crimes for profit.

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Journal articles on the topic 'Erga omnes obligations'

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