Obligations Erga Omnes and International Crimes

Obligations Erga Omnes and International Crimes
Title Obligations Erga Omnes and International Crimes PDF eBook
Author André de Hoogh
Publisher BRILL
Pages 489
Release 2023-12-18
Genre Political Science
ISBN 9004638989

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This book provides a comprehensive analysis of the law of State responsibility. It addresses fundamental questions such as: which subjects of international law are entitled to invoke the responsibility of the author state; the forms of reparation demands which may be made; and the means and counter-measures (including the use and level of force) which may be employed to enforce demands. Audience: Academics and researchers in international law.

International Crimes of State

International Crimes of State
Title International Crimes of State PDF eBook
Author Joseph H. Weiler
Publisher Walter de Gruyter
Pages 381
Release 2011-11-21
Genre Law
ISBN 3110901609

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Enforcing Obligations Erga Omnes in International Law

Enforcing Obligations Erga Omnes in International Law
Title Enforcing Obligations Erga Omnes in International Law PDF eBook
Author Christian J. Tams
Publisher Cambridge University Press
Pages 397
Release 2005-12-01
Genre Political Science
ISBN 1139448803

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The concept of obligations erga omnes - obligations to the international community as a whole - has fascinated international lawyers for decades, yet its precise implications remain unclear. This book assesses how this concept affects the enforcement of international law. It shows that all States are entitled to invoke obligations erga omnes in proceedings before the International Court of Justice, and to take countermeasures in response to serious erga omnes breaches. In addition, it suggests ways of identifying obligations that qualify as erga omnes. In order to sustain these results, the book conducts a thorough examination of international practice and jurisprudence as well as the recent work of the UN International Law Commission in the field of State responsibility. By so doing, it demonstrates that the erga omnes concept is solidly grounded in modern international law, and clarifies one of the central aspects of the international regime of law enforcement.

A Duty to Prevent Genocide

A Duty to Prevent Genocide
Title A Duty to Prevent Genocide PDF eBook
Author John Heieck
Publisher Edward Elgar Publishing
Pages 261
Release 2018-09-28
Genre History
ISBN 1788117719

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This perceptive book analyzes the scope of the duty to prevent genocide of China, France, Russia, the UK, and the US in light of the due diligence standard under conventional, customary, and peremptory international law. It expounds the positive obligations of these five states to act both within and without the Security Council context to prevent or suppress an imminent or ongoing genocide.

The Fundamental Rules of the International Legal Order

The Fundamental Rules of the International Legal Order
Title The Fundamental Rules of the International Legal Order PDF eBook
Author Christian Tomuschat
Publisher BRILL
Pages 483
Release 2006
Genre Law
ISBN 9004149813

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This work, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct.

The Sources of International Law

The Sources of International Law
Title The Sources of International Law PDF eBook
Author Hugh Thirlway
Publisher Oxford University Press
Pages 262
Release 2014-02
Genre Law
ISBN 0199685398

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Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.

UN Security Council Referrals to the International Criminal Court

UN Security Council Referrals to the International Criminal Court
Title UN Security Council Referrals to the International Criminal Court PDF eBook
Author Alexandre Skander Galand
Publisher BRILL
Pages 278
Release 2018-11-26
Genre Law
ISBN 9004342214

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This book offers a unique critical analysis of the legal nature, effects and limits of UN Security Council referrals to the International Criminal Court (ICC). Alexandre Skander Galand provides, for the first time, a full picture of two competing understandings of the nature of the Security Council referrals to the ICC, and their respective normative interplay with legal barriers to the exercise of universal prescriptive and adjudicative jurisdiction. The book shows that the application of the Rome Statute through a Security Council referral is inherently limited by the UN Charter as well as the Rome Statute, and can conflict with other branches of international law, including international human rights law, the law on immunities and the law of treaties. Hence, it spells out a conception of the nature and effects of Security Council referrals that responds to these limits and, in turn, informs the reader on the nature of the ICC itself.