What is an erga omnes obligation?

Erga omnes is a Latin phrase which means “towards all” or “towards everyone”. In legal terminology, erga omnes rights or obligations are owed toward all. For instance, a property right is an erga omnes entitlement, and therefore enforceable against anybody infringing that right.

What is the difference between erga omnes and erga omnes partes?

The ARSIWA Commentary clarifies that the name “owed to the international community as a whole” was preferred over erga omnes in order to avoid confusion “with obligations owed to all the parties to a treaty.” The better view seems, therefore, to be that obligations erga omnes partes exist in the case of treaties such …

Is erga omnes customary law?

This article explains that: in contrast to jus cogens rules, erga omnes rules may arise either as customary rules or through treaties; a jus cogens or erga omnes rule could apply to only a limited number of States; although jus cogens rules are necessarily erga omnes rules, erga omnes could exist which were not of a …

Are human rights obligations erga omnes?

Accordingly, while not claiming that all human rights have the status of jus cogens, one construction of the concept of erga omnes holds that all rights stipulated in human rights treaties constitute obligations erga omnes partes in the sense that every state party to a human rights treaty has an enforcement interest …

Why is erga omnes important?

The concept is very important because in today‟s structure of international society, composed of independent entities giving rise, as a rule, to legal relations on a consensual basis, erga omnes obligations can further enable the International Court of Justice to go beyond reciprocal relations among states based on …

What is meant by non refoulement?

A non-refoulement obligation is an obligation not to forcibly return, deport or expel a person to a place where they will be at risk of a specific type of harm.

What is a norm in international law?

A peremptory norm of general international law (jus cogens) is a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.

What is the optional clause?

THE OPTIONAL CLAUSE IN THEORY AND IN PRACTICE. Article 36 (2) of the Statute of the Court provides that: The States parties to the present Statute may at any time declare that they recognise. as compulsory ipsofacto and without special agreement, in relation to any other State.

What is a reservation in a treaty?

Reservation. A reservation is a declaration made by a state by which it purports to exclude or alter the legal effect of certain provisions of the treaty in their application to that state.

What are the general principles of international law?

Examples of these general principles of law are laches, good faith, res judicata, and the impartiality of judges. International tribunals rely on these principles when they cannot find authority in other sources of international law.

Where is the principle of non-refoulement found?

The principle of non-refoulement constitutes the cornerstone of international refugee protection. It is enshrined in Article 33 of the 1951 Convention, which is also binding on States Party to the 1967 Protocol.

Why is non-refoulement important?

Today, the principle of non-refoulement ostensibly protects persons from being expelled from countries that are signatories to the 1951 Convention Relating to the Status of Refugees, the 1967 Protocol Convention Relating to the Status of Refugees, or the 1984 Convention Against Torture.

What is the difference between an erga omnes and an obligation?

An obligation erga omnes, in contrast, is one that is owed to the international community as a whole. The legal effect of such a characterisation is the generation of a procedural right of standing, on the part of all states, to invoke the responsibility of a state that is in breach of this obligation.

How does erga omnes affect the rules of law enforcement?

Having distinguished different types of erga omnes effects, it is possible to discuss how the erga omnes concept affects the rules of law enforcement. The main questions arising in this regard have been summarised above. The first of these, prompted by the Court’s Barcelona Traction dictum, is which obligations qualify as obligations erga omnes.

When did erga omnes first appear in international law?

Throughout international law, the definition of erga omnes first appears throughout two paragraphs of the decision in the Barcelona Traction Case (Second Phase), Belgium v. Spain, which the I.C.J. issued on 5 February 1970. The related paragraphs 33 and 34 shall read as follows:

How to identify the new category of obligations?

Having proclaimed the concept, the Court has subsequently taken a rather cautious approach, and has said very little on how to identify the new category of obligations.

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