Invoking Obligations Erga Omnes in the Twenty-First Century: Progressive Developments Since Barcelona Traction
(2013) 37 SAYIL
20 Pages Posted: 11 Jul 2015
Date Written: 2013
The article gives an overview of the most prominent developments pertaining to the concept erga omnes since its endorsement in the Barcelona Traction case . It first recaptures the meaning of obligations erga omnes, as well as their relationship with jus cogens (peremptory norms of international law). Thereafter, the article gives an overview of developments pertaining to the enforcement of obligations erga omnes. It places particular emphasis on their (potential) invocation by judicial bodies, notably the ICJ and the International Tribunal for the Law of the Sea (ITLOS).
Keywords: erga omnes, invocation of responsibility, jus cogens, jurisdiction, standing
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