Enforcing obligations erga omnes in international law / Christian J. Tams.
2005
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Author
Title
Enforcing obligations erga omnes in international law / Christian J. Tams.
Imprint
Cambridge : Cambridge University Press, 2005.
Description
1 online resource (xxxi, 359 pages) : digital, PDF file(s).
Series
Cambridge studies in international and comparative law (Cambridge, England : 1996) ; 44.
Formatted Contents Note
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.
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.
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.
Note
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Location
WWW
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Core.
Language
English
ISBN
9780511494116 ebook
9780521856676 (hardback)
9780521128896 (paperback)
9780521856676 (hardback)
9780521128896 (paperback)
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