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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Erga Omnes Effects of Judicial Decisions: International Adjudication

Christian J Tams, Alexandre Belle

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 02 December 2022

International courts and tribunals, procedure — Treaties, interpretation — Legitimacy

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 The notion of erga omnes effects is mysterious, but significant. The mystery begins with the choice of terms. Translated literally, the Latin words ‘erga omnes’ mean ‘towards all’, but that literal meaning remains bland: it only gains contours in particular contexts. In the context of international adjudication, ‘erga omnes’ is typically used to describe effects of judicial decisions that affect third parties. In that sense, ‘erga omnes effects’ are contrasted to ‘inter partes effects’, notably the duty of parties to comply with the outcome of a decision....
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