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Obligations erga omnes as a basis of legal standing in international law
Mais, Jan ; Lipovský, Milan (advisor) ; Bílková, Veronika (referee)
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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The Legality of Unilateral Countermeasures in International Law
Velechovský, David ; Bílková, Veronika (advisor) ; Faix, Martin (referee)
The Legality of Unilateral Countermeasures in International Law Abstract The aim of this thesis is to examine the legality of unilateral countermeasures in international law. The term refers to measures adopted by a State in response to a wrongful act committed by another State in order to induce the wrongdoing State to comply with its obligations of cessation and / or reparation. Given the decentralized character of contemporary international law, countermeasures represent the effective mechanism of enforcement equally available (at least formally) to all States to seek the restoration of the legal relationship with the responsible State. Nevertheless, like other forms of self-help, countermeasures are liable to abuse, which is only aggravated by the controversial history of reprisals and factual inequalities between States. For this reason, countermeasures are lawful only if certain conditions are met. These conditions, nowadays codified in Draft Articles on Responsibility of States for Internationally Wrongful Acts, are the main subject of interest of this thesis, which is divided into four chapters. Chapter One deals with the concept of State responsibility and the enforcement of international law. Chapter Two is concerned with the role of countermeasures in international law, the International Law...
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The Responsibility of International Organizations
Brožová, Sandra ; Balaš, Vladimír (referee) ; Beránek, Milan (referee)
The Responsiblity of International Organizations - Abstract The subject of this thesis is the responsibility of international organizations as a consequence of internationally wrongful acts, as a manifestation of international personality, and as the subject-matter of official and unofficial codification. This thesis defines the international organization as an intergovernmental organization, discusses the character of its international personality (universal and particular) and explains the legal nature of international responsibility, including the main differences between the responsibility of States and international organizations. The thesis then focuses on responsibility of international organizations in various branches of international public law - it discusses questions of contractual and tort liability, of attribution in UN peacekeeping missions, and of the rights of individuals to due process when dealing with responsibility of international organizations. The following is an analysis of the importance of codification of international law and the contribution of non-official codification activities for the work of the International Law Commission as the main codification organ of the United Nations. Draft articles on the Responsibility of International Organizations, which was, together with the...
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