Erga omnes: Difference between revisions

Content deleted Content added

Inline

Revision as of 12:06, 2 September 2017

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. An erga omnes right (a statutory right) can here be distinguished from a right based on contract, unenforceable except against the contracting party.

In international law, it has been used as a legal term describing obligations owed by states towards the community of states as a whole. An erga omnes obligation exists because of the universal and undeniable interest in the perpetuation of critical rights (and the prevention of their breach). Consequently, any state has the right to complain of a breach. Examples of erga omnes norms include piracy and genocide. The concept was recognized in the International Court of Justice's decision in the Barcelona Traction case [(Belgium v Spain) (Second Phase) ICJ Rep 1970 3 at paragraph 33]:

… an essential distinction should be drawn between the obligations of a State towards the international community as a whole, and those arising vis-à-vis another State in the field of diplomatic protection. By their very nature, the former are the concern of all States. In view of the importance of the rights involved, all States can be held to have a legal interest in their protection; they are obligations erga omnes. [at 34] Such obligations derive, for example, in contemporary international law, from the outlawing of acts of aggression, and of genocide, as also from the principles and rules concerning the basic rights of the human person, including protection from slavery and racial discrimination. Some of the corresponding rights of protection have entered into the body of general international law . . . others are conferred by international instruments of a universal or quasi-universal character.

Examples

In its opinion of 9 July 2004, the International Court of Justice found "the right of peoples to self-determination" to be a right erga omnes.^[1] The finding referred to article 22 of the Covenant of the League of Nations.

References

^ Legal consequences of the construction of a wall in the Occupied Palestinian Territories art. 88; 9 July 2004

[1] Legal consequences of the construction of a wall in the Occupied Palestinian Territories art. 88; 9 July 2004

[1]

@@ Line 1: / Line 1: @@
 {{italic title}}
-'''''Erga omnes''''' is a [[Latin]] phrase which means "towards all" or "towards everyone". In legal terminology, ''erga omnes'' [[rights]] or [[obligation]]s are owed ''toward all''. For instance a [[property right]] is an ''erga omnes'' entitlement, and therefore enforceable against anybody infringing that right. An ''erga omnes'' right (a statutory right) can here be distinguished from a right based on [[contract]], unenforceable except against the contracting party.
+'''''Erga omnes''''' is a [[Latin]] phrase which means "towards all" or "towards everyone". In legal terminology, ''erga omnes'' [[rights]] or [[obligation]]s are owed ''toward all''. For instance, a [[property right]] is an ''erga omnes'' entitlement, and therefore enforceable against anybody infringing that right. An ''erga omnes'' right (a statutory right) can here be distinguished from a right based on [[contract]], unenforceable except against the contracting party.
-In [[international law]] it has been used as a legal term describing obligations owed by [[Sovereign state|states]] towards the community of states as a whole. An ''erga omnes'' obligation exists because of the universal and undeniable interest in the perpetuation of critical rights (and the prevention of their breach). Consequently, any state has the right to complain of a breach. Examples of erga omnes norms include [[piracy]] and [[genocide]]. The concept was recognized in the [[International Court of Justice]]'s decision in the ''[[Case Concerning Barcelona Traction, Light, and Power Company, Ltd|Barcelona Traction]]'' case [(Belgium v Spain) (Second Phase) ICJ Rep 1970 3 at paragraph 33]:
+In [[international law]], it has been used as a legal term describing obligations owed by [[Sovereign state|states]] towards the community of states as a whole. An ''erga omnes'' obligation exists because of the universal and undeniable interest in the perpetuation of critical rights (and the prevention of their breach). Consequently, any state has the right to complain of a breach. Examples of erga omnes norms include [[piracy]] and [[genocide]]. The concept was recognized in the [[International Court of Justice]]'s decision in the ''[[Case Concerning Barcelona Traction, Light, and Power Company, Ltd|Barcelona Traction]]'' case [(Belgium v Spain) (Second Phase) ICJ Rep 1970 3 at paragraph 33]:<blockquote>… an essential distinction should be drawn between the obligations of a State towards the international community as a whole, and those arising vis-à-vis another State in the field of [[diplomatic protection]]. By their very nature, the former are the concern of all States. In view of the importance of the rights involved, all States can be held to have a legal interest in their protection; they are obligations erga omnes. [at 34] Such obligations derive, for example, in contemporary international law, from the outlawing of [[war of aggression|acts of aggression]], and of genocide, as also from the principles and rules concerning the basic rights of the human person, including protection from slavery and racial discrimination. Some of the corresponding rights of protection have entered into the body of general international law . . . others are conferred by international instruments of a universal or quasi-universal character.</blockquote>
-:"… an essential distinction should be drawn between the obligations of a State towards the international community as a whole, and those arising vis-à-vis another State in the field of [[diplomatic protection]]. By their very nature, the former are the concern of all States. In view of the importance of the rights involved, all States can be held to have a legal interest in their protection; they are obligations erga omnes. [at 34] Such obligations derive, for example, in contemporary international law, from the outlawing of [[war of aggression|acts of aggression]], and of genocide, as also from the principles and rules concerning the basic rights of the human person, including protection from slavery and racial discrimination. Some of the corresponding rights of protection have entered into the body of general international law . . . others are conferred by international instruments of a universal or quasi-universal character."
 ==Examples==
-* In its opinion of 9 July 2004 the [[International Court of Justice]] found ''"the right of peoples to [[self-determination]]"'' to be a right '''''erga omnes'''''.<ref>[http://www.unhcr.org/refworld/pdfid/414ad9a719.pdf ''Legal consequences of the construction of a wall in the Occupied Palestinian Territories''] art. 88; 9 July 2004</ref> The finding referred to article 22 of the [[Covenant of the League of Nations]].
+* In its opinion of 9 July 2004, the International Court of Justice found "the right of peoples to [[self-determination]]" to be a right ''erga omnes''.<ref>[http://www.unhcr.org/refworld/pdfid/414ad9a719.pdf ''Legal consequences of the construction of a wall in the Occupied Palestinian Territories''] art. 88; 9 July 2004</ref> The finding referred to article 22 of the [[Covenant of the League of Nations]].
 ==See also==
 *[[Inter partes]]
-*[[jus cogens]] (peremptory norm)
+*[[Jus cogens]] (peremptory norm)
 ==References==