Enforcing Obligations Erga Omnes in International Law

Enforcing Obligations Erga Omnes in International Law
Author: Christian J. Tams
Publisher: Cambridge University Press
Total Pages: 397
Release: 2005-12-01
Genre: Political Science
ISBN: 1139448803

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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.

Enforcing Obligations Erga Omnes in International Law

Enforcing Obligations Erga Omnes in International Law
Author: Christian J. Tams
Publisher:
Total Pages: 359
Release: 2005
Genre: Customary law, International
ISBN: 9780511183751

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The concept of obligations erga omnes - obligations to the international community as a whole - has fascinated international lawyers for decades. This book shows how this highly controversial concept has become part of modern-day international law, and how it will enhance human rights in the future.

The Sources of International Law

The Sources of International Law
Author: Hugh Thirlway
Publisher: Oxford University Press
Total Pages: 262
Release: 2014-02
Genre: Law
ISBN: 0199685398

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Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.

Obligations Erga Omnes and International Crimes

Obligations Erga Omnes and International Crimes
Author: André de Hoogh
Publisher: BRILL
Total Pages: 489
Release: 2023-12-18
Genre: Political Science
ISBN: 9004638989

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This book provides a comprehensive analysis of the law of State responsibility. It addresses fundamental questions such as: which subjects of international law are entitled to invoke the responsibility of the author state; the forms of reparation demands which may be made; and the means and counter-measures (including the use and level of force) which may be employed to enforce demands. Audience: Academics and researchers in international law.

Third-Party Countermeasures in International Law

Third-Party Countermeasures in International Law
Author: Martin Dawidowicz
Publisher: Cambridge University Press
Total Pages: 463
Release: 2017-04-24
Genre: Law
ISBN: 1107014794

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This book examines an important unresolved question of current international law: the legal position of third-party countermeasures.

The Right of Actio Popularis before International Courts and Tribunals

The Right of Actio Popularis before International Courts and Tribunals
Author: Farid Ahmadov
Publisher: BRILL
Total Pages: 246
Release: 2018-08-23
Genre: Law
ISBN: 9004380981

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In The Right of Actio Popularis before International Courts and Tribunals Farid Ahmadov provides a detailed analysis of the elements of actio popularis and its operation before various international courts and tribunals.

Peremptory Norms of General International Law (Jus Cogens)

Peremptory Norms of General International Law (Jus Cogens)
Author: Dire Tladi
Publisher: BRILL
Total Pages: 806
Release: 2021-08-16
Genre: Law
ISBN: 9004464123

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Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions is a collection of contributions on various aspects of jus cogens in international law.

The Oxford Handbook on the Sources of International Law

The Oxford Handbook on the Sources of International Law
Author: Samantha Besson
Publisher: Oxford University Press
Total Pages: 1233
Release: 2017
Genre: Law
ISBN: 0198745362

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This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.

Complicity and the Law of State Responsibility

Complicity and the Law of State Responsibility
Author: Helmut Philipp Aust
Publisher: Cambridge University Press
Total Pages:
Release: 2011-09-01
Genre: Law
ISBN: 1139499629

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This systematic analysis of State complicity in international law focuses on the rules of State responsibility. Combining a theoretical perspective on complicity based on the concept of the international rule of law with a thorough analysis of international practice, Helmut Philipp Aust establishes what forms of support for wrongful conduct entail responsibility of complicit States and sheds light on the consequences of complicity in terms of reparation and implementation. Furthermore, he highlights how international law provides for varying degrees of responsibility in cases of complicity, depending on whether peremptory norms have been violated or special subject areas such as the law of collective security are involved. The book shows that the concept of State complicity is firmly grounded in international law, and that the international rule of law may serve as a conceptual paradigm for today's international legal order.

The Nature of International Law

The Nature of International Law
Author: Miodrag A. Jovanović
Publisher: Cambridge University Press
Total Pages: 287
Release: 2019-04-25
Genre: Law
ISBN: 1108473334

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The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.