By Dr Christian J. Tams
The concept that of responsibilities erga omnes--obligations to the foreign neighborhood as a whole--has involved foreign attorneys for many years, but its specific implications stay uncertain. This ebook assesses how this idea impacts the enforcement of foreign legislation. It demonstrates that every one States are entitled to invoke responsibilities erga omnes in lawsuits prior to the foreign courtroom of Justice, and to take countermeasures based on critical erga omnes breaches. furthermore, it indicates methods of deciding on duties that qualify as erga omnes.
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Example text
16 Given these controversies, it may be no coincidence that its implemetation has proven tortuous. 11 12 13 16 Simma (1993a), 125. See also Zemanek (2000a), 10 (‘The Tortuous Implementation of the Idea in Practice’). Simma’s own work, which discusses many aspects of the legal regime of obligations erga omnes and is frequently referred to in subsequent chapters, testifies to this. Thirlway (1989), 100. 14 Rubin (1993), 172. 15 For references see below, Chapter 3. Brownlie (1988a), 71. introduction 5 2.
It is difficult to disagree with the factual assessment – as will be shown in subsequent chapters, obligations erga omnes often have yet to enter ‘the world of the ‘‘is’’’. On the other hand, the observation seems to suggest that, as a matter of law, the erga omnes concept was fully developed, and that all that remained to be done was to implement it in practice. If this assessment were correct, further legal analysis would be unnecessary, and should be substituted by political pledges and action.
25 See Tomuschat (1995), 15. Contrast the narrower understanding noted above, footnote 18. 8 enforcing obligations erga omnes The first aspect relates to the function of the erga omnes concept. As stated above, the present study discusses how the concept affects the regime of law enforcement. Without prejudicing the subsequent analysis, it is understood that, if anything, it enhances the prospects of enforcement, and that States can respond against erga omnes breaches in a way not otherwise open to them.
