Enforcing Obligations Erga Omnes in International Law PDF Download
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Author: Christian J. Tams
Publisher: Cambridge University Press
ISBN: 1139448803
Category : Political Science
Languages : en
Pages : 397
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Book Description
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.
Author: Christian J. Tams
Publisher: Cambridge University Press
ISBN: 1139448803
Category : Political Science
Languages : en
Pages : 397
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Book Description
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.
Author: Maurizio Ragazzi
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 0
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Book Description
Author: Hugh Thirlway
Publisher: Oxford University Press
ISBN: 0199685398
Category : Law
Languages : en
Pages : 262
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Book Description
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.
Author: Joseph H. Weiler
Publisher: Walter de Gruyter
ISBN: 3110901609
Category : Law
Languages : en
Pages : 381
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Book Description
Author: Christian Tomuschat
Publisher: BRILL
ISBN: 9004149813
Category : Law
Languages : en
Pages : 483
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Book Description
This work, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct.
Author: André de Hoogh
Publisher: BRILL
ISBN: 9004638989
Category : Political Science
Languages : en
Pages : 489
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Book Description
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.
Author: Farid Ahmadov
Publisher: BRILL
ISBN: 9004380981
Category : Law
Languages : en
Pages : 246
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Book Description
Actio Popularis before International Courts and Tribunals examines actio popularis in the context of the symbiotic relationship between procedural and substantive normativity in international law. Actio popularis is an important procedural tool devised to address the challenges posed by the relativization of substantive normativity and recognition of norms established to protect collective interests in international law. Farid Ahmadov’s analysis underlines the ineffectiveness of bipolar litigation in enforcement of collective obligations in international law and the importance of introducing new procedural mechanisms to address the challenges posed by the transition from bilateralist to multilateralist normativity. The volume highlights the subtle link between interpretation of standing rules and the ways in which judicial policy concerns inform decisions of international courts and tribunals on admissibility of actio popularis.
Author: John Heieck
Publisher: Edward Elgar Publishing
ISBN: 1788117719
Category : History
Languages : en
Pages : 261
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Book Description
This perceptive book analyzes the scope of the duty to prevent genocide of China, France, Russia, the UK, and the US in light of the due diligence standard under conventional, customary, and peremptory international law. It expounds the positive obligations of these five states to act both within and without the Security Council context to prevent or suppress an imminent or ongoing genocide.
Author: Brian D. Lepard
Publisher: Cambridge University Press
ISBN: 052119136X
Category : Law
Languages : en
Pages : 441
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Book Description
This book sets out to articulate a comprehensive theory of customary international law that can effectively resolve the conceptual and practical enigmas surrounding it. It takes a multidisciplinary approach and draws insights from international law, legal theory, political science, and game theory. It is anchored in a sophisticated ethical framework and explores the interrelationships between customary international law and ethics.
Author: Miodrag A. Jovanović
Publisher: Cambridge University Press
ISBN: 1108473334
Category : Law
Languages : en
Pages : 287
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Book Description
The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.
