Enforcing Obligations Erga Omnes in International Law
Part of Cambridge Studies in International and Comparative Law
- Author: Christian J. Tams, University of Glasgow, School of Law
- Date Published: January 2006
- availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
- format: Adobe eBook Reader
- isbn: 9780511134104
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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.
Read more- Analyses, in obligations erga omnes, one of the most controversial concepts of modern international law
- Assesses the work of the International Law Commission in the field of State responsibility
- An important contribution to the debate about the enforcement of international law
Awards
- The dissertation, upon which this book is based, was awarded the 2005 Yorke Prize of the Faculty of Law of the University of Cambridge.
Reviews & endorsements
Review of the hardback: ' … a remarkable book … very high quality …' Prof. Dr. Dres. h. c. Jochen Abr. Frowein
Customer reviews
17th Oct 2024 by UName-184218
It is an useful book, which gave me an excellent explanation about the uses of the obligation erga omnes.
Review was not posted due to profanity
×Product details
- Date Published: January 2006
- format: Adobe eBook Reader
- isbn: 9780511134104
- availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
Table of Contents
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.
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