Update

You are looking at 1-20 of 30 entries  for:

  • All: erga omnes obligations x
clear all

View:

Overview

erga omnes obligations

Subject: Law

[Latin: towards all] (in international law) Obligations in whose fulfilment all states have a legal interest because their subject matter is of importance to the international ...

erga omnes obligations

erga omnes obligations   Quick reference

A Dictionary of Law (9 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
118 words

...erga omnes obligations [Latin: towards all] (in international law) Obligations in whose fulfilment all states have a legal interest because their subject matter is of importance to the international community as a whole. It follows from this that the breach of such an obligation is of concern not only to the victimized state but also to all the other members of the international community. Thus, in the event of a breach of these obligations, every state must be considered justified in invoking (probably through judicial channels) the responsibility of...

erga omnes obligations

erga omnes obligations   Quick reference

A Dictionary of Law Enforcement (2 ed.)

Reference type:
Subject Reference
Current Version:
2015
Subject:
Law
Length:
120 words

... omnes obligations [Latin: towards all] (in international law ) Obligations in whose fulfilment all states have a legal interest because their subject matter is of importance to the international community as a whole. It follows from this that the breach of such an obligation is of concern not only to the victimized state but also to all the other members of the international community. Thus, in the event of a breach of these obligations, every state must be considered justified in invoking (probably through judicial channels) the responsibility of the...

erga omnes obligations

erga omnes obligations  

Reference type:
Overview Page
Subject:
Law
[Latin: towards all](in international law) Obligations in whose fulfilment all states have a legal interest because their subject matter is of importance to the international community as a whole. It ...
objective régimes

objective régimes  

Reference type:
Overview Page
‘The [International Law] Commission considered whether treaties creating so-called “objective régimes”, that is, obligations and rights valid erga omnes, should be dealt with separately as a special ...
self-determination

self-determination  

Reference type:
Overview Page
(in international law) The right of a people living within a non‐self‐governing territory to choose for themselves the political and legal status of that territory. They may choose independence and ...
Ius erga omnes

Ius erga omnes n.   Quick reference

Guide to Latin in International Law

Reference type:
Subject Reference
Current Version:
2011
Subject:
Law, International Law
Length:
54 words

...erga omnes yūs ār´ga ōm´nās . jus ɜr´gu am´nēz . n. “Right before all.” An absolute right owed to all states by all states, such as the obligation not to deplete stocks of living pelagic resources or to use the moon or other celestial bodies for warlike purposes. See also Erga omnes and Ius cogens...

erga omnes

erga omnes   Reference library

Encyclopaedic Dictionary of International Law (3 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, International Law
Length:
382 words

...rules concerning the basic rights of the human person, including protection from slavery and racial discrimination’. See de Hoogh, Obligations Erga Omnes and International Crimes ( 1996 ); Ragazzi, The Concept of International Obligations Erga Omnes ( 1998 ); Tomuschat and Thouvenin, The Fundamental Rules of the International Legal Order: Jus Cogens and Obligations Erga Omnes ( 2005 ); Tams, Enforcing Obligations Erga Omnes in International Law ( 2005...

Erga omnes

Erga omnes   Quick reference

Guide to Latin in International Law

Reference type:
Subject Reference
Current Version:
2011
Subject:
Law, International Law
Length:
170 words

... omnes ār´ga ōm´nās . ɜr´gu am´nēz . “Toward all.” With respect to all states or persons in a relevant group. The phrase is usually applied to obligations owed by a state to all other states or the international community at large, such as the duty not to engage in genocide or piracy, or to claim sovereignty over the high seas. All states are considered to have a legal interest in deterring violations of erga omnes obligations. Note that, while ius cogens norms are often considered to arise from obligations erga omnes , the category of erga omnes ...

objective (treaty) régimes

objective (treaty) régimes   Reference library

Encyclopaedic Dictionary of International Law (3 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, International Law
Length:
204 words

...treaties creating so-called “objective régimes”, that is, obligations and rights valid erga omnes , should be dealt with separately as a special case…. It considered that the position in article [36 of the Vienna Convention on the Law of Treaties of 23 May 1969 ( 1155 U.N.T.S. 331 )], regarding treaties intended to create rights in favour of States generally, together with the process mentioned in [art. 38] furnish a legal basis for the establishment of treaty obligations and rights valid erga omnes , which goes as far as is at present possible....

self-determination

self-determination ((in international law))   Quick reference

A Dictionary of Law (9 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
111 words

...towards recognizing a legal right of self-determination, but it is not yet completely recognized as a legal norm. It is probably illegal for another state to intervene against a liberation movement and it may be legal to give assistance to such a movement. See also erga omnes obligations...

self‐determination

self‐determination   Quick reference

A Dictionary of Law Enforcement (2 ed.)

Reference type:
Subject Reference
Current Version:
2015
Subject:
Law
Length:
112 words

...towards recognizing a legal right of self‐determination, but it is not yet completely recognized as a legal norm. It is probably illegal for another state to intervene against a liberation movement and it may be legal to give assistance to such a movement. See also erga omnes obligations...

East Timor Case

East Timor Case   Reference library

Encyclopaedic Dictionary of International Law (3 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, International Law
Length:
364 words

...and initiating performance of the 1989 Treaty was in breach of an obligation due by Australia to Portugal’: at 100; and that ‘Portugal's assertion that the rights of peoples to self-determination as it evolved from the Charter and from U.N. practice had an erga omnes character is irreproachable’: at 102. It noted, nevertheless, ‘that the erga omnes character of a norm and the rule of consent to jurisdiction are two different things. Whatever the nature of the obligations invoked, the Court could not rule on the lawfulness of the conduct of a...

actio popularis

actio popularis   Quick reference

A Dictionary of Law (9 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
169 words

...rights or interests to be clearly vested in those who claim them, even though it is not necessary to show that the claimant state would suffer direct material injury by any abrogation. Although the notion of actio popularis is in some respects associated with that of erga omnes obligations , the two are distinct and (to the extent that they are accepted) each may exist independently of the...

jus cogens

jus cogens   Reference library

Encyclopaedic Dictionary of International Law (3 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, International Law
Length:
478 words

...use of force ). See Rozakis, The Concept of Jus Cogens in the Law of Treaties ( 1976 ); Sinclair, The Vienna Convention on the Law of Treaties (2nd ed.), Chap. V; Ragazzi, The Concept of International Obligations Erga Omnes ( 1997 ); Tomuschat and Thouvenin, The Fundamental Rules of the International Legal Order: Jus Cogens and Obligations Erga Omnes ( 2005 ); Orakhelashvili, Peremptory Norms in International Law ( 2008...

slavery

slavery   Reference library

Encyclopaedic Dictionary of International Law (3 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, International Law
Length:
605 words

... International Criminal Court in terms of art. 7 of the Rome Statute of the International Criminal Court of 17 July 1998 : 2187 U.N.T.S. 3 . While there is no question but that the prohibition of slavery is part of customary law, and probably also jus cogens and an erga omnes obligation, I Oppenheim 982 questions whether these enhancements of the prohibition apply to all slave-like practices. A number of treaties address the related issue of the traffic in women and children for the purposes of prostitution. See the Convention for the Suppression of...

Namibia Advisory Opinion

Namibia Advisory Opinion   Reference library

Encyclopaedic Dictionary of International Law (3 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, International Law
Length:
781 words

...relations with South Africa on behalf of or concerning Namibia; and (x) as to non-members of the United Nations, the termination of the Mandate and the declaration of the illegality of South Africa's presence in Namibia were opposable to all States in the sense of barring erga omnes the legality of the situation which was maintained in violation of international...

self‐determination

self‐determination   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
734 words

...Friendly Relations and Co‐Operation Amongst States in Accordance with the Charter of the United Nations ( 1970 , GA Res 2625 , XXV). Dicta from the case law of the International Court of Justice affirms that the right to self‐determination has the character of rights erga omnes ( Barcelona Traction, Light and Power Company, Limited Case Belgium v Spain ( 1970 ). Notwithstanding such an elevated stature, self‐determination is a difficult right to define and there remains a significant amount of controversy as to its exact parameters in the...

Self-Determination

Self-Determination   Reference library

Encyclopedia of Human Rights

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, Human Rights and Immigration, Social sciences
Length:
7,479 words

...need to emphasize that Israel had somehow recognized the Palestinians as a separate people (in which case insistence on the erga omnes character of the principle would not be necessary), the principle being of an erga omnes nature made it possible for the Court to sketch the consequences of its violation on states other than Israel; those other states were under an obligation not to recognize the illegal situation (ICJ, 2004 , §159). What these cases highlight is that it may be useful to think of self-determination not so much as a specific set of...

International Court of Justice

International Court of Justice   Reference library

Abhimanyu George JAIN

Berkshire Encyclopedia of Sustainability

Reference type:
Subject Reference
Current Version:
2016
Subject:
Science and technology, Social sciences
Length:
2,695 words

...environmental law. Under this rule, the court cannot decide a dispute between two states when that decision would lead to conclusions regarding the rights or duties of third states that are not parties to the current dispute. This applies even in the case of erga omnes obligations, or obligations that apply to all states. The international implications of international environmental legal principles might give scope for the invocation of this rule. Authority Authority is used in two senses. The first relates to the value of decisions of the court as precedent...

Universal Jurisdiction

Universal Jurisdiction   Reference library

Encyclopedia of Human Rights

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, Human Rights and Immigration, Social sciences
Length:
5,926 words

...all of humankind, rendering the perpetrator hostis humani generis —or an enemy of all mankind. Such crimes, at least when committed by state actors, are violations of jus cogens (fundamental norms of international law states may not derogate or depart from) and of erga omnes obligations (owed to the entire world). They are violations of the highest order of international law and normally fall within the categories of genocide, crimes against humanity, extrajudicial execution, torture, enforced disappearance, slavery, or war crimes. Universal jurisdiction...

View: