Obligations erga omnes and the question of standing before the International Court of Justice

<p>A number of states have in recent years sought to invoke the responsibility of other states for breaches of their international obligations&nbsp;erga omnes. Their contention is that these obligations are not owed to them bilaterally but in the collective interest, whether as states part...

Full description

Bibliographic Details
Main Author: Urs, P
Format: Journal article
Language:English
Published: Cambridge University Press 2021
Description
Summary:<p>A number of states have in recent years sought to invoke the responsibility of other states for breaches of their international obligations&nbsp;erga omnes. Their contention is that these obligations are not owed to them bilaterally but in the collective interest, whether as states parties to multilateral treaties or as members of the international community as a whole. This growing interest in the invocation of responsibility for breaches of obligations&nbsp;erga omnes&nbsp;is discussed primarily in relation to the International Law Commission&rsquo;s Articles on the Responsibility of States for Internationally Wrongful Acts. The Articles being a statement of principle, and indeed, a progressive development of the law on the issue, attention must also be paid to the decisions and dicta of the International Court of Justice. Of particular interest, and the focus of this article, is the question of a state&rsquo;s standing to institute proceedings before the Court to invoke responsibility for the breach of an obligation&nbsp;erga omnes&nbsp;even in the absence of any injury on its part. The most recent manifestation of this position is The Gambia&rsquo;s institution in 2019 of proceedings against Myanmar, solely on the basis that all states parties to the Genocide Convention have a legal interest in compliance with the obligations therein. By scrutinizing the practice of the Court to date, the article examines the limits and consequences of an expansive right of standing for states seeking to enforce obligations&nbsp;erga omnes&nbsp;at the Court.</p>