Obligations Erga Omnes And International Crimes
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Author | : André de Hoogh |
Publisher | : BRILL |
Total Pages | : 489 |
Release | : 2023-12-18 |
Genre | : Political Science |
ISBN | : 9004638989 |
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 | : Joseph H. Weiler |
Publisher | : Walter de Gruyter |
Total Pages | : 381 |
Release | : 2011-11-21 |
Genre | : Law |
ISBN | : 3110901609 |
Author | : Andreas Johannes Joseph Hoogh (jurist) |
Publisher | : |
Total Pages | : 396 |
Release | : 1996 |
Genre | : |
ISBN | : |
Author | : Christian J. Tams |
Publisher | : Cambridge University Press |
Total Pages | : 397 |
Release | : 2005-12-01 |
Genre | : Political Science |
ISBN | : 1139448803 |
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 Tomuschat |
Publisher | : BRILL |
Total Pages | : 483 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9004149813 |
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 | : Andreas Johannes Joseph Hoogh |
Publisher | : |
Total Pages | : 396 |
Release | : 1995 |
Genre | : |
ISBN | : |
Author | : Giorgio Gaja |
Publisher | : |
Total Pages | : |
Release | : 1989 |
Genre | : |
ISBN | : |
Author | : Lyal S. Sunga |
Publisher | : BRILL |
Total Pages | : 252 |
Release | : 2021-09-27 |
Genre | : Law |
ISBN | : 9004479848 |
What rules of international law make the individual, even a Head of State, responsible for perpetrating serious human rights violations, such as war crimes, torture or genocide? This question is becoming more critical in our increasingly interdependent world, and the recent invasion of Kuwait and the brutalization of its people by Iraqi leader Saddam Hussein has heated up the debate even further. The author argues that a new rule of international law stipulating individual responsibility for all serious human rights violations is currently emerging. To show how this is coming about, he explores relevant norms in classic laws of war, international humanitarian law and modern international human rights law and surveys patterns in their implementation. He then takes account of codification efforts of the International Law Commission, the changing position of the individual in international law, and other important developments in the context of general international law as an evolving system.
Author | : Maurizio Ragazzi |
Publisher | : Oxford University Press, USA |
Total Pages | : 314 |
Release | : 1997 |
Genre | : Language Arts & Disciplines |
ISBN | : |
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.
Author | : John Heieck |
Publisher | : Edward Elgar Publishing |
Total Pages | : 261 |
Release | : 2018-09-28 |
Genre | : History |
ISBN | : 1788117719 |
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.