The Legal Consequences of Obligations Erga Omnes in International Law

IF 1.3 Q1 LAW

Netherlands International Law Review Pub Date : 2021-03-15 DOI:10.1007/s40802-021-00184-9

Yoshifumi Tanaka

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引用次数: 4

Abstract

While obligations erga omnes have increasingly been referred to in the jurisprudence, the legal consequences of those obligations are not adequately clarified in international law. Thus this article explores the legal effects of obligations erga omnes in general international law. After an examination of the criteria for the identification of obligations erga omnes, this article considers three possible legal consequences of those obligations: (1) the obligation not to recognize illegal situations, (2) third-party countermeasures, and (3) the locus standi of not directly injured States in response to a breach of obligations erga omnes. There is little doubt that the concept of obligations erga omnes is key in protecting the fundamental values and common interests of the international community as a whole or community interests. However, it cannot pass unnoticed that the legal effects of obligations erga omnes can be restricted by several factors. In this sense, it may have to be admitted that the concept of obligations erga omnes remains ambivalent as a means of protecting community interests in international law.

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国际法中普遍义务的法律后果

虽然在判例中越来越多地提到普遍承担的义务，但这些义务的法律后果在国际法中没有得到充分澄清。因此，本文对一般国际法中普遍义务的法律效力进行了探讨。在审查了确定普遍义务的标准之后，本文考虑了这些义务的三种可能的法律后果:(1)不承认非法情况的义务，(2)第三方反措施，以及(3)非直接受害国对违反普遍义务的行为的立场。毫无疑问，普遍义务的概念是保护整个国际社会的基本价值和共同利益或社区利益的关键。然而，不能忽视的是，普遍义务的法律效力可能受到若干因素的限制。在这个意义上，也许必须承认，作为国际法中保护社会利益的一种手段，普遍义务的概念仍然是矛盾的。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Netherlands International Law Review LAW-

CiteScore

2.10

自引率

11.10%

发文量

期刊介绍： The Netherlands International Law Review (NILR) is one of the world’s leading journals in the fields of public and private international law. It is published three times a year, and features peer-reviewed, innovative, and challenging articles, case notes, commentaries, book reviews and overviews of the latest legal developments in The Hague. The NILR was established in 1953 and has since become a valuable source of information for scholars, practitioners and anyone who wants to stay up-to-date of the most important developments in these fields. In the subscription to the Netherlands International Law Review the Netherlands Yearbook of International Law (NYIL) is included. The NILR is published by T.M.C. Asser Press, in cooperation with the T.M.C. Asser Instituut, and is distributed by Springer International Publishing. T.M.C. Asser Instituut, an inter-university institute for Private and Public International Law and European Law, was founded in 1965 by the law faculties of the Dutch universities. The Institute is responsible for the promotion of education and research in international law.

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