Závazky erga omnes jako zdroj ius standi v mezinárodním právu

Mais, Jan

Obligations Erga Omnes as a Basis of Legal Standing in International Law ABSTRACT Obligations erga omnes represent the norms protecting the most fundamental interests in international law. Despite their longstanding presence, some aspects of these obligations remain unclear. The thesis aims to determine whether it is possible to enforce these norms by invoking responsibility for their breach before international courts and tribunals, specifically before the International Court of Justice (ICJ). The primary objective is to determine whether obligations erga omnes and their treaty counterparts, obligations erga omnes partes, effectively establish legal standing in ICJ proceedings. To achieve this aim, the thesis comprehensively examines the emergence of obligations erga omnes, their relationship with jus cogens, and their role in safeguarding community interests in order to situate the studied notion in the framework of law of international responsibility. By analysing the ICJ's case law, Judge opinions, the work of the International Law Commission, and prominent scholarly contributions, the study investigates how States' interest in protecting obligations erga omnes (partes) translates into the ability to invoke responsibility for their breaches through judicial proceedings. The analysis reveals that...

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