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Enforcing Obligations Erga Omnes in International Law

Enforcing Obligations Erga Omnes in International Law

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Part of Cambridge Studies in International and Comparative Law

  • Date Published: December 2005
  • availability: Available
  • format: Hardback
  • isbn: 9780521856676
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About the Authors
  • 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.

    • 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
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    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

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    Product details

    • Date Published: December 2005
    • format: Hardback
    • isbn: 9780521856676
    • length: 424 pages
    • dimensions: 235 x 160 x 30 mm
    • weight: 0.765kg
    • availability: Available
  • 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.

  • Author

    Christian J. Tams, University of Glasgow, School of Law
    Christian J. Tams is Professor of International Law at the University of Glasgow.

    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.

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