Litigating erga omnes obligations before the international Court of justice
Territo, Giulia (A.A. 2023/2024) Litigating erga omnes obligations before the international Court of justice. Tesi di Laurea in International organization and human rights, Luiss Guido Carli, relatore Giuseppe Pascale, pp. 150. [Master's Degree Thesis]
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Abstract/Index
The concept of erga omnes and erga omnes partes obligations in international law. Historical evolution of the concept. Recognition of the concept in early ICJ case-law: the Barcelona traction precedent. Identifying erga omnes obligations: a methodological framework in international law. The role of the ILC in defining the legal consequences of erga omnes obligations for the regime of state responsibility. The legal consequences of erga omnes obligations as an issue of State responsibility. Historical progression and development of article 48 in the articles on state responsibility. The acceptance of article 48 ARSIWA in the practice of other international actors. Evolution of ICJ case law on violations of erga omnes obligations. Introduction to the international Court of justice. Evolution of ICJ rulings concerning violations of erga omnes obligations. The initial steps in the recognition of standing erga omnes in ICJ jurisprudence. Latest case law after the landmark case of Belgium v. Senegal. An assessment of the ICJ case law on standing erga omnes. Interest of third states in invoking responsibility of States in South Africa v. Israel: a case study. Reconstruction of the Israeli Palestinian conflict. Legal basis of the application before the ICJ. The reasons behind South Africa’s application: its impact on shaping the evolution of international law regarding standing for violations of erga omnes obligations.
References
Bibliografi. pp. 136-150.
| Thesis Type: | Master's Degree Thesis |
|---|---|
| Institution: | Luiss Guido Carli |
| Degree Program: | Master's Degree Programs > Master's Degree Program in International Relations (LM-52) |
| Chair: | International organization and human rights |
| Thesis Supervisor: | Pascale, Giuseppe |
| Thesis Co-Supervisor: | Fasone, Cristina |
| Academic Year: | 2023/2024 |
| Session: | Autumn |
| Deposited by: | Alessandro Perfetti |
| Date Deposited: | 15 Apr 2025 13:50 |
| Last Modified: | 15 Apr 2025 13:50 |
| URI: | https://tesi.luiss.it/id/eprint/41829 |
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