Enforcing Obligations Erga Omnes in International Law

ISBN-13: 9780521856676 / Angielski / Twarda / 2005 / 424 str.

Christian J. Tams

Opis

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 demonstrates 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.

Recenzje

Review of the hardback: ' … a remarkable book … very high quality …' Prof. Dr. Dres. h. c. Jochen Abr. Frowein

Spis treści

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.