Obligations erga omnes
Jochen A Frowein
- Erga omnes obligations — State practice — Vienna Convention on the Law of Treaties — Treaties, effect for third states — Humanitarian intervention — Reparation — Aggression — Countermeasures
Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.
1 The International Court of Justice (ICJ) recognized in Barcelona Traction, Light and Power Co Ltd ( Belgium v Spain ) (Second Phase) ( Barcelona Traction Case ) that there are two different categories of obligations under public international law. The Court stated that there are ‘obligations of a State towards the international community as a whole’ which are ‘the concern of all States’ and for whose protection all States have a ‘legal interest’. These obligations are fundamentally different from those existing vis-à-vis another State. 2 Only one year before the...