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The Concept of International Obligations Erga Omnes

Maurizio Ragazzi

Price: £34.99 (paper)
ISBN-13: 978-0-19-829870-0
Publication date: 16 March 2000
304 pages, 234x156 mm
Series: Oxford Monographs in International Law
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Reviews
  • 'an excellent pioneering study' - Law and Justice Quarterly

Description
  • Ground breaking analysis of an important area of international law , which is especially relevant to human rights
  • Bibliographical citations in ten languages and discussion of cases from Africa, Asia and the US, among others, should give this book a wide geographical appeal
  • Comprehensive and scholarly, demonstrating a wide-ranging knowledge of public international law
  • Complements and extends OUP's strong lists on international law and human rights
  • Ideal for graduate international law courses
This is the first monograph on the concept of obligations erga omnes , an increasingly important notion in contemporary international law since its appearance in the International Court's judgment in the Barcelona Traction case . In 1970, The International Court of Justice identified a separate category of international obligations, which rather than being owed to a specific State on a bilateral basis, are owed to the international community as a whole, with all States having an interest in their protection and their being binding on all States irrespective of consent. Examples of such obligations given by the International Court are those prohibiting aggression and genocide, and those protecting from slavery and racial discrimination, in other words obligations erga omnes are those protecting and promoting basic values and common interests of states.

This book is the first to examine the very concept of the obligations, rather than the corresponding rights of protection of obligations erga omnes . Ragazzi adopts a pragmatic method of legal analysis that identifies five common elements among the examples of obligations erga omnes given by the International Court. These five common elements are then discussed in relation to other candidates of obligations erga omnes which have emerged in State practice and international literature. Ragazzi's approach is extremely thorough and includes extensive bibliographical references in various languages.

Readership: Academics, diplomats, practitioners and anyone with an interest in international law, international relations and jurisprudence.

Contents
The Appearance of the Concept of Obligations Erga Omnes on the Agenda: The Dictum of the International Court in the Barcelona Traction Case
Selected Prefigurations of the Concept of Obligations Erga Omnes : (a)State Servitude, Permanent Dedication, International Status, and Objective Regime
Selected Prefigurations of the Concept of Obligations Erga Omnes : (b)Jus Cogens
The Examples of Obligations Erga Omnes Given by the International Court in its Dictum: (a)The Outlawing of Acts of Aggression
The Examples of Obligations Erga Omnes Given by the International Court in its Dictum: (b)The Outlawing of Genocide
The Examples of Obligations Erga Omnes Given by the International Court in its Dictum: (c)Protection from Slavery
The Examples of Obligations Erga Omnes Given by the International Court in its Dictum: (d) Protection from Racial Discrimination
Selected Candidates of Obligations Erga Omnes Proposed in the International Literature
Other Selected Candidates in Light of the Advisory Opinion on Namibia and the Nuclear Tests Cases
Particular Aspects of the Relationship Between the Concept of Obligations Erga Omnes and the concepts of Jus Cogens and Actio Popularis
Bibliography

Authors, editors, and contributors


Maurizio Ragazzi


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International law

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