Particular Legal Consequences Arising From The Breach Of Obligations Erga Omnes

The continuing development of institutionalism of international community makes traditional international law change into modern international law. This change affects deeply the development of the law of international responsibility. The newly emerging concepts, rules and mechanisms in the realm of international responsibility transform tremendously the traditional regime of international responsibility. The issue of this thesis is the particular consequences arising from the breach of obligations erga omnes. The issue is a relatively new important topic, which is attracting more and more attention since the end of the Cold War. After the issue was regulated in the ILC's Articles on Responsibility of States for International Wrongful Acts, it caused an extensive value. Under this background, the thesis considers the research of the issue as having important meaning and special value.In modern positive international law, the concept of obligation erga omnes began to establish and develop gradually. Because of the emergence of obligations erga omnes, there exists the distinction of two kinds of obligations; And further, such distinction gives rise to another distinction of two kinds of international responsibility regimes. Some provisions of the ILC's Articles show that the breach of obligations erga omnes gives rise to not only the traditional bilateral responsibility, but also some particular legal consequences. These particular legal consequeces consist mainly of two aspects:First, in the aspect of the content of the international responsibility, according to article 41 of the ILC's Articles, no state shall recognize as lawful a situation created by a breach of obligation erga omnes, nor render aid or assistance in maintaining that situation. What's more, states shall cooperate to bring to an end through lawful means any breach of obligation erga omnes or the consequences arising from such breach.Second, in the aspect of the implementation of the international responsibility, according to article 48 of the ILC's Articles, as to theresponsible state which breach its obligation erga omnes, not only the injured state but also the non-injured states are entitled to invoke its responsibility. Such general right of invokation, especially the concept of actio popularis, deeply reflects the particularity of the consequences arising from the breach of obligation erga omnes. What's more, according to article 54 of the ILC's Articles, for the purpose of realization of the content of international responsibility, non-injured states are entiled to take lawful means individually or collectively.