Enforcing Obligations Erga Omnes in International Law

Examines how the concept of 'obligations to the whole international community' influences international law.

Christian J. Tams (Author)

9780521856676, Cambridge University Press

Hardback, published 1 December 2005

424 pages
23.5 x 16 x 3 cm, 0.765 kg

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

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.

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.

Subject Areas: International humanitarian law [LBBS], International human rights law [LBBR], International law [LB], International relations [JPS]