Enforcing obligations erga omnes in international law / Christian J. Tams.

Format:

Book

Author/Creator:

Tams, Christian J., author.

Series:

Cambridge studies in international and comparative law (Cambridge, England : 1996) ; 44.

Cambridge studies in international and comparative law ; 44

Language:

English

Subjects (All):

International obligations.

International law--Moral and ethical aspects.

International law.

Customary law, International.

Physical Description:

1 online resource (xxxi, 359 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2005.

Language Note:

English

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.

Contents:

Part 1. Background to the erga omnes concept. Clarifications. Traditional approaches to standing

pt. 2. 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.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references (p. 312-350) and index.

ISBN:

1-107-15579-7

1-280-43187-3

0-511-18375-5

0-511-13768-0

0-511-20187-7

0-511-31199-0

0-511-49411-4

0-511-13551-3

OCLC:

171137871