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Books on the topic 'Obligations of erga omnes'

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Published: 4 June 2021
Last updated: 3 February 2022

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1

Ragazzi, Maurizio. The concept of international obligations erga omnes. Oxford: Clarendon Press, 1997.

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2

The concept of international obligations erga omnes. Oxford: Clarendon Press, 2000.

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3

Guo jia dui guo ji she hui zheng ti de yi wu: The obligations erga omnes of states in international law. Beijing Shi: Fa lü chu ban she, 2009.

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4

Hoogh, André de. Obligations erga omnes and international crimes: A theoretical inquiry into the implementation and enforcement of the international responsibility of states. Hague: Kluwer International Law, 1996.

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5

Erga-Omnes-Wirkung von Tarifverträgen. Tübingen: Mohr Siebeck, 2011.

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6

Die Durchsetzung von erga omnes Verpflichtungen vor dem Internationalen Gerichtshof. Hamburg: Verlag Dr.Kovač, 1994.

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7

Sánchez, Francisco Martínez. La jurisprudencia en materia de inconstitucionalidad de leyes: Su aplicación erga omnes. México, D.F: Editorial Porrúa, 2002.

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8

Kurt, Siehr, Delbrück Jost, and Deutsche Gesellschaft für Völkerrecht. Tagung, eds. Multilaterale Staatsverträge erga omnes und deren Inkorporation in nationale IPR-Kodifikationen, Vor- und Nachteile einer solchen Rezeption =: (Multilateral conventions erga omnes and their incorporation into national codifications of private international law, advantages and disadvantages). Heidelberg: C.F. Müller, 1986.

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9

Carmen Luiza Dias de Azambuja. Controle judicial e difuso de constitucionalidade no direito brasileiro e comparado: Efeito erga omnes de seu julgamento. Porto Alegre: Sergio Antonio Fabris Editor, 2008.

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10

Santoro, Carla Masotti. I contratti Erga omnes: Normes transitorie per garantire minimi di trattamento economico e normativo ai lavoratori : questioni controverse. Salerno: Gruppo cooperativistico editoriale, 1994.

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11

Enforcing Obligations Erga Omnes in International Law. Cambridge University Press, 2010.

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12

Azaria, Danae. Community Interest Obligations in International Energy Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825210.003.0016.

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The chapter defines ‘international energy law’ as an amalgam of different international obligations concerning energy activities—the exploration and exploitation of energy resources, their trade and transportation, and investment in the energy sector—as well as the effects of these activities on the environment and on human rights. It is thus not surprising that it accommodates bilateral obligations as well as obligations that protect community interests either of all states (erga omnes) or of groups of states (erga omnes partes). Furthermore, the role of community interest obligations in international energy law is not only relevant vis-à-vis the nature of obligations that fall within the field’s scope. Given the importance that states place on economic activities in the energy sector, international obligations, which reflect community interests, may be and often are enforced by energy-related measures.
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13

Thouvenin, Jean-Marc, and Christian Tomuschat. Fundamental Rules of the International Legal Order: Jus Cogens and Obligations Erga Omnes. Ebsco Publishing, 2006.

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14

(Editor), Christian Tomuschat, and Jean-Marc Thouvenin (Editor), eds. The Fundamental Rules of the International Legal Order: Jus Cogens And Obligations Erga Omnes. Martinus Nijhoff, 2005.

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15

Tams, Christian J. Enforcing Obligations Erga Omnes in International Law (Cambridge Studies in International and Comparative Law). Cambridge University Press, 2005.

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16

Paolo, Picone. Part V Jus Cogens beyond the Vienna Convention, 24 The Distinction between Jus Cogens and Obligations Erga Omnes. Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:oso/9780199588916.003.0024.

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This chapter demonstrates the necessary distinction between the two concepts in question, taking into consideration their different historical origins, their effects, and the reciprocal fields of application. It opposes the conception according to which only the rules creating obligations erga omnes could be considered as peremptory, as well as the theoretical opinion that all norms of jus cogens would produce, if breached, obligations erga omnes. It critically analyses how these erroneous conceptions are reflected in the solutions, although contradictory, adopted by the International Law Commission in the final draft on the responsibility of States approved in 2001. The last part of the chapter shows how the two concepts raise in their operation many different problems, which are not yet adequately considered in the legal scholarship.
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17

Danae, Azaria. 4 The Nature of International Obligations Regarding Transit of Energy: from Bilateral to Indivisible Obligations. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198717423.003.0004.

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Chapter 4 classifies treaty obligations concerning transit with a view to determining which state is injured under the law of international responsibility and can invoke responsibility including by recourse to countermeasures against the responsible transit state. The question posed is to whom is each obligation owed. The analysis in this chapter also assists in determining which treaty party may have recourse to means available in the treaty where the treaty does not contain sufficiently express rules on standing, a matter which is analysed in Chapter 6. The analysis illustrates the polyphony of primary rules vis-à-vis their nature, and argues that bilateralism is not the only model in this area of international law (either in form or in substance). Rather, a number of treaties create collectively owed obligations: some erga omnes partes and some interdependent..
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18

Krieger, Heike. Rights and Obligations of Third Parties in Armed Conflicts. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825210.003.0024.

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The chapter begins by noting that the prohibition of the use of force is the quintessential ius cogens rule of an erga omnes character. The same holds true for Common Article 1 of the Geneva Conventions. Both norms create third-party rights and obligations. However, structural deficits in the international legal order often hinder their effective enforcement. Moreover, recent state practice challenges certain obligations stemming in particular from the prohibition on the use of force. This chapter analyzes and compares the normative framework of both rules and examines recent contestations in state practice. It concludes by exploring the question as to what extent both rules reflect community interests or are still grounded on a reciprocal bilateral basis related to states’ self-interest.
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19

Francesca, Mazza. Ch.9 Assignment of rights, transfer of obligations, assignment of contracts, s.1: Assignment of rights, Art.9.1.7. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0176.

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This commentary analyses Article 9.1.7 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning a right assigned by mere agreement between the assignor and the assignee. Art 9.1.7 stipulates that a right is assigned by mere agreement between the assignor and the assignee, without notice to the obligor. The consent of the obligor is not required unless the obligation in the circumstances is of an essentially personal character. The fact that an agreement in writing is not required is implied by the reference to a ‘mere’ agreement. However, some formal requirements may apply due to mandatory rules of the applicable domestic law which apply under Art 1.4. Some legal systems distinguish between the effectiveness of the assignment of a right as between the assignor and the assignee (inter partes) and as towards third parties, such as the obligor or creditors (erga omnes). This commentary also considers the burden of proof relating to the essentially personal character of the obligation.
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20

Brunnée, Jutta. International Environmental Law and Community Interests. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825210.003.0010.

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Strong procedural elements are indispensable for international environmental law’s capacity to serve community interests. Procedural obligations can strengthen the rule concerning the prevention of environmental harm and flesh out its due diligence standard. Procedural obligations can also serve useful purposes when states, or judges, are reluctant to entertain substantive arguments, or find it difficult to establish that environmental harm has been caused. Violations of procedural obligations are more easily established and states can sometimes be prompted to correct harmful conduct or to take more effective preventive measures. Unfortunately, the operation of procedural rules is constrained by the dearth of practice and the continued struggle to define the substance of community obligations and the legal effects of erga omnes norms. Treaty-based approaches have proven better suited to accommodating community concerns, perhaps because they place such strong emphasis on procedural elements and employ increasingly diverse formal lawmaking and informal standard-setting approaches.
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21

Palchetti, Paolo. Consequences for Third States as a Result of an Unlawful Use of Force. Edited by Marc Weller. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199673049.003.0058.

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This chapter explores some of the problems concerning the role of third states in situations of unlawful use of force by a state against another state. It first draws a distinction between states directly involved in conflict either as the instigator or as the victim of an unlawful armed intervention, and ‘third states’. It then considers the rules that define the legal position of third states in situations arising from an unlawful use of force, as well as the responses that such states are entitled or obliged to take when dealing with such situations. In particular, the chapter examines the rules on state responsibility and their impact on and interaction with the other rules dealing with the position of third states. It also describes the scope of applicability of the law of neutrality, collective self-defence, enforcement of erga omnes obligations, and centralized versus decentralized responses by third states.
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22

Heiner, Prof, Bielefeldt, Ghanea Nazila, Dr, and Wiener Michael, Dr. Part 4 Intersection of Freedom of Religion or Belief with Other Human Rights, 4.3 Prohibition on Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703983.003.0027.

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This chapter addresses three aspects of torture in relation to the right to freedom of religion or belief. First, torture and other cruel, inhuman, or degrading treatment or punishment on the grounds of religion or belief. The prohibition of torture is recognized as forming part of jus cogens and entailing an erga omnes obligation of States towards the international community as a whole. Second, torture and other inhuman treatment may also arise from understandings of what particular religious scriptures or traditions allegedly require. They may be carried out by individuals animated by religious hatred, may enjoy the complicity of the Government, or may even be carried out by the authorities themselves. As discussed, human rights can never consider such actions a legitimate exercise of freedom of religion or belief. Finally, the religious sensitivities of detainees or prisoners of war (irrespective of the reasons for their incarceration) may be exploited in order to subject them to torture and other inhuman treatment, in other words utilizing the religion of detainees in order to subject them to tailored torture or inhuman treatment.
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23

Hartmann, Ulrike. Die Entwicklung Im Internationalen Umwelthaftungsrecht Unter Besonderer Beruecksichtigung Von Erga Omnes-Normen. Lang AG International Academic Publishers, Peter, 2000.

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24

Francesco, Salerno. Part III Observance and Application of Treaties, 14 Treaties Establishing Objective Regimes. Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:oso/9780199588916.003.0014.

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The issue of treaties establishing objective regimes has been neglected by the Vienna Convention on the Law of Treaties. Building on the principle of relativity of treaties, the Convention only deals with the effects of specific treaty rules on third states. This chapter argues that third states never acquire the same status of states parties, even when they consent to the specific treaty rules that affect them. Analysing the significance of treaties establishing objective regimes under general international law, it clarifies that such treaties may affect third states even when they do not embody rules of customary law. Due to the relevance for the international legal order of the unique erga omnes regime created by the treaty, the situation regulated by it can no longer fall within the scope of the absolute ‘freedom’ previously accorded to third states.
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