The Concept of International Obligations Erga Omnes

Note: Supplemental materials are not guaranteed with Rental or Used book purchases.

ISBN: 9780198298700 | 0198298706
Cover: Paperback
Copyright: 5/11/2000

Rent

(Recommended)

$47.06

Term

Due

Price

Semester

Dec 13

$52.29

Quarter

Aug 31

$49.68

Short Term

Jul 26

$47.06

*This item is part of an exclusive publisher rental program and requires an additional convenience fee. This fee will be reflected in the shopping cart.
Buy New

Usually Ships in 3-5 Business Days

$71.45

This is the first monograph on the idea of obligations erga omnes, an increasingly important concept in contemporary international law. Maurizio Ragazzi employs a pragmatic approach that identifies five common elements among the examples of obligations erga omnes given by the International Court. These five properties are then discussed comparatively.

Abbreviations

xxi

Table of Cases

xxiii

Table of Documents

xxix

The Appearance of the Concept of Obligations Erga Omnes on the Agenda: The dictum of the International Court in the Barcelona Traction Case

(17)

Introduction

(4)

The Distinction between Ratio Decidendi and Obiter Dictium: (a) Preliminary Considerations

(2)

The Distinction between Ratio Decidendi and Obiter Dictum: (b) Background and Circumstances of the Dictum on Obligations Erga Omnes

(5)

The Distinction between Ratio Decidendi and Obiter Dictum: (c) Development after the Dictum on Obligations Erga Omnes

(5)

Conclusions

(1)

Selected Prefigurations of the Concept of Obligation Erga Omnes: (a) State Servitude, Permanent Dedication, International Status and Objective Regime

(25)

Introduction

(1)

The Concept of Servitude and, in Particular, or State Servitude

(5)

The Concept of Permanent Dedication to the Use of the Whole World (the Wimbledon Case)

(4)

The Concept of International Status in the General Interest of Europe (the Dispute on the Regime of Demilitarization for the Aaland Islands)

(9)

The Concept of Objective Regime in the Work of Codification of the Law of Treaties

(4)

Conclusions

(2)

Selected Prefigurations of the Concept of Obligations Erga Omnes: (b) Jus Cogens

(31)

Jus Cogens in and beyond the Vienna Convention on the Law of Treaties

(5)

The Search for a Definition of the Particular Content of Jus Cogens

(3)

The Test os Jus Cogens under Article 53 of the Vienna Convention: (a) Acceptance and Recognition of the Peremptory Character of a Norm by the International Community of States as a Whole

(7)

The Tests of Jus Cogens under Article 53 of the Vienna Convention: (b) Impermissible Derogation and Restrictions on Subsequent Modification

(1)

The Question of the Opposability Erga Omnes of Norms of Jus Cogens: (a) The Principle of the Persistent Objector

(8)

The Question of the Opposability Erga Omnes of Norms of Jus Cogens: (b) The Principle of the Persistent Objector and Jus Cogens

(5)

Conclusions

(2)

The Examples of Obligations Erga Omnes Given by the International Court in its Dictum: (a) The Outlawing of Acts of Aggression

(18)

The International Prohibition of Aggression

(5)

The Impact of the Concepts of Jus Cogens and Erga Omnes on Self-Defence and Other circumstances Precluding Wrongfulness: Brief Considerations Based on the Codification of the Law of State Responsibility

(3)

The Character Erga Omnes of the Obligation to Notify International Shipping of the Existence of a Minefield: (a) The Corfu Channel Case

(4)

The Character Erga Omnes of the Obligation to Notify International Shipping of the Existence of a Minefield: (b) The Nicaragua Case

(4)

Conclusion

(2)

The Examples of Obligations Erga Omnes Given by the International Court in its Dictum: (b) The Outlawing of Genocide

(13)

The International Prohibition of Genocide

(6)

The Advisory Opinion on the Genocide Convention

(3)

Elements of Analogy between the Advisory Opinion on the Genocide Convention and the Dictum on Obligations Erga Omnes

101

(3)

Conclusions

104

(1)

The Example os Obligations Erga Omnes Given by the International Court in its Dictum: (c) Protection from Slavery

105

(13)

The International Protection from Slavery and the Slave Trade

105

(6)

The Emergence of the Prohibition of Slavery and the Slave Trade: the Enterprise Case and the Lawrence Case

111

(3)

The Question of the Universal Opposability of the Prohibition of the Slave Trade: The Antelope Case

114

(2)

Conclusions

116

(2)

The Examples of Obligations Erga Omnes Given by the International Court in its Dictum: (d) Protection from Racial Discrimination

118

(14)

The International Protection from Racial Discrimination: the Principle of Equality and Non-Discrimination

118

(3)

Qualifications to the Principle of Equality and Non-Discrimination

121

(3)

The Questions of the Opposability Erga Omnes of the Protection from Racial Discrimination and the Prohibition of Apartheid in the South West Africa Cases

124

(6)

Conclusions

130

(2)

Selected Candidates of Obligations Erga Omnes Proposed in the International Literature

132

(32)

Introduction

132

(3)

Candidates Protecting Human Rights other than those Listed by the International Courts in its Dictum on Obligations Erga Omnes

135

(10)

Candidates in the Areas of Development Law

145

(9)

Candidates in the Area of Environmental Law

154

(8)

Conclusions

162

(2)

Other Selected Candidates in Light of the Advisory Opinion on Namibia and the Nuclear Tests Cases

164

(25)

Introduction

164

(1)

References to the Concept of Obligations Erga Omnes in the Advisory Opinion and the Pleading Relating to Namibia

164

(9)

References to the Concept of Obligations Erga Omnes in the Pleadings Relating to the Nuclear Tests Cases

173

(9)

Brief Considerations on the Required Degree of Evidence and Moral Content of Obligations Erga Omnes

182

(5)

Conclusions

187

(2)

Particular Aspects of the Relationship Between the Concept of Obligations Erga Omnes and the Concepts of Jus Cogens and Actio Popularis

189

(26)

Introduction

189

(1)

Obligations Erga Omnes and Norms of Jus Cogens: (a) Preliminary Considerations

190

(4)

Obligations Erga Omnes and Norms of Jus Cogens: (b) Do Norms of Jus Cogens Invariably Give Rise to Obligations Erga Omnes? (Some Considerations in Light of the Concept of `Regional' Jus Cogens)

194

(6)

Obligations Erga Omnes and Norms of Jus Cogens: (c) Do Obligations Erga Omnes Invariably Derive from Norms of Jus Cogens? (Some Considerations in Light of the Concept of `Self-Existent' Obligations)

200

(3)

Obligations Erga Omnes and Norms of Jus Cogens: (d) Brief Considerations on the Respective Functions of the Two Concepts

203

(7)

Obligations Erga Omnes and Actio Popularis

210

(4)

Conclusion

214

(1)

General Conclusions

215

(4)

Bibliography

219

(42)

Index

261

Please wait while the item is added to your bag...

FREE SHIPPING

Amazon no longer offers textbook rentals. We do!

The Concept of International Obligations Erga Omnes

Summary

Table of Contents

Supplemental Materials