Erga Omnes, Jus Cogens, and their Impact on the Law of Responsibility

THE INTERNATIONAL RESPONSIBILITY OF THE EUROPEAN UNION, Evans, Koutrakos, eds., Hart, 2013

28 Pages Posted: 17 Jun 2012

See all articles by Christian J. Tams

Christian J. Tams

University of Glasgow, School of Law

Alessandra Asteriti

University of Glasgow - School of Law

Date Written: June 17, 2012

Abstract

The paper assesses the impact of two key concepts - erga omnes and jus cogens - on the law of responsibility. Its particular focus is on the responsibility of the European Union. The paper argues that, while often considered to be purely theoretical categories, jus cogens and erga omnes in fact modify the content, and implementation of responsibility.

Keywords: jus cogens, erga omnes, responsibility, state responsibility, European Union law, public interest litigation, international community,

Suggested Citation

Tams, Christian J. and Asteriti, Alessandra, Erga Omnes, Jus Cogens, and their Impact on the Law of Responsibility (June 17, 2012). THE INTERNATIONAL RESPONSIBILITY OF THE EUROPEAN UNION, Evans, Koutrakos, eds., Hart, 2013, Available at SSRN: https://ssrn.com/abstract=2085439

Christian J. Tams (Contact Author)

University of Glasgow, School of Law ( email )

Stair Building
5 - 8 The Square
Glasgow, Scotland G12 8QQ
United Kingdom

HOME PAGE: http://www.gla.ac.uk/schools/law/staff/christiantams/

Alessandra Asteriti

University of Glasgow - School of Law ( email )

Stair Building
5 - 8 The Square
Glasgow, Scotland G12 8QQ
United Kingdom

HOME PAGE: http://www.gla.ac.uk/departments/schooloflaw/staff/researchstudent/asteritia/

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