The Concept Of International Obligations Erga Omnes (oxford Monographs In International Law)

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. In an obiter dictum in its 1970 judgment in the Barcelona Traction case, the International Court of Justice identified a category of international obligations called erga omnes, namely obligations owed by states to the international community as a whole, intended to protect and promote the basic values and common interests of all. Without losing sight of the theoretical dimension of obligations erga omnes, this book adopts a pragmatic approach, attentive to the traditional sources of international law and evaluating obligations erga omnes in light of state practice and court decisions (including the South West Africa and the Nuclear Tests cases). After discussing a broad spectrum of key international concepts, including jus cogens, objective regimes, and state servitudes, the book analyzes the four examples of obligations erga omnes given by the International Court in its obiter dictum on obligations erga omnes: the prohibition of aggression and genocide, and the protection from slavery and racial discrimination. From this analysis, the book infers five common elements of obligations erga omnes, including their reflecting basic moral values. The book then examines these common elements in light of other candidates of obligations erga omnes proposed in the international literature and state practice. Before drawing general conclusions, the book addresses the relationship between erga omnes and jus cogens, and between erga omnes and actio popularis Title_Pages Dedication In_Memory Editor’s Preface Preface Acknowledgements Abbreviations Table of Cases Table of Documents 1 The Appearance of the Concept of Obligations Erga Omnes on the Agenda: The Dictum of the International Court in the Barcelona Traction Case 2 Selected Prefigurations of the Concept of Obligations Erga Omnes: (a) State Servitude, Permanent Dedication, International Status and Objective Regime 3 Selected Prefigurations of the Concept of Obligations Erga Omnes: (b) Jus Cogens 4 The Examples of Obligations Erga Omnes Given by the International Court in its Dictum: (a) The Outlawing of Acts of Aggression 5 The Examples of Obligations Erga Omnes Given by the International Court in its Dictum: (b) The Outlawing of Genocide 6 The Examples of Obligations Erga Omnes Given by the International Court in its Dictum: (c) Protection from Slavery 7 The Examples of Obligations Ergo Omnes Given by the International Court in its Dictum: (d) Protection from Racial Discrimination 8 Selected Candidates of Obligations Erga Omnes Proposed in the International Literature 9 Other Selected Candidates in Light of the Advisory Opinion on Namibia and the Nuclear Tests Cases 10 Particular Aspects of the Relationship Between the Concept of Obligations Erga Omnes and the Concepts of Jus Cogens and Actio Popularis General Conclusions Bibliography Index Ch. 1. Appearance Of The Concept Of Obligations Erga Omnes On The Agenda : The Dictum Of The International Court In The Barcelona Traction Case -- Ch. 2. Selected Prefigurations Of The Concept Of Obligations Erga Omnes : State Servitude, Permanent Dedication, International Status And Objective Regime -- Ch. 3. Selected Prefigurations Of The Concept Of Obligations Erga Omnes : Jus Cogens -- Ch. 4. Examples Of Obligations Erga Omnes Given By The International Court In Its Dictum : The Outlawing Of Acts Of Aggression -- Ch. 5. Examples Of Obligations Erga Omnes Given By The International Court In Its Dictum : The Outlawing Of Genocide -- Ch. 6. Examples Of Obligations Erga Omnes Given By The International Court In Its Dictum : Protection From Slavery -- Ch. 7. Examples Of Obligations Erga Omnes Given By The International Court In Its Dictum : Protection From Racial Discrimination -- Ch. 8. Selected Candidates Of Obligations Erga Omnes Proposed In The International Literature -- Ch. 9. Other Selected Candidates In Light Of The Advisory Opinion On Namibia And The Nuclear Tests Cases -- Ch. 10. Particular Aspects Of The Relationship Between The Concept Of Obligations Erga Omnes And The Concepts Of Jus Cogens And Actio Popularis. Maurizio Ragazzi. Includes Bibliographical References (p. [219]-260) And Index. Obligations erga omnes is an increasingly important concept in contemporary international law. Ragazzi adopts a pragmatic approach that identifies five common elements among the examples of obligations erga omnes given by the International Court