Invoking Obligations Erga Omnes in the Twenty-First Century: Progressive Developments Since Barcelona Traction

(2013) 37 SAYIL

20 Pages Posted: 11 Jul 2015

See all articles by Erika De Wet

Erika De Wet

Faculty of Law, University of Pretoria

Date Written: 2013

Abstract

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

Suggested Citation

De Wet, Erika, Invoking Obligations Erga Omnes in the Twenty-First Century: Progressive Developments Since Barcelona Traction (2013). (2013) 37 SAYIL, Available at SSRN: https://ssrn.com/abstract=2629560

Erika De Wet (Contact Author)

Faculty of Law, University of Pretoria ( email )

Physical Address Economic and Management Sciences
Pretoria, Gauteng 0002
South Africa

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