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III Points of Substantive Law, Division C: State Responsibility And International Claims, Ch.II: The Breach of an International Obligation

From: The Law and Procedure of the International Court of Justice: Fifty Years of Jurisprudence Volume II

Hugh Thirlway

Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Published in print:
21 February 2013
ISBN:
9780199673384

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 21 March 2023

Subject(s):
International courts and tribunals, decisions — Erga omnes obligations — Consistent interpretation
In the previous article on this subject, note was taken of the rejection by the Court in the Military and Paramilitary Activities case of the argument by the United States that its actions in relation to Nicaragua might have been justified by breaches by Nicaragua of obligations owed, not to the United States, but to the OAS. The Court observed that only the OAS, as the entity to which the obligation was owed, was ‘empowered to monitor its implementation’;411 similarly, only the beneficiary of an obligation (setting aside obligations erga omnes, dealt with below)...
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