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Research On Obligations Erga Omnes

Posted on:2016-03-17Degree:MasterType:Thesis
Country:ChinaCandidate:J H GuoFull Text:PDF
GTID:2296330467983416Subject:International Law
Abstract/Summary:PDF Full Text Request
Obligations erga omnes is a concept developed in the modern international law to protectthe interests of the international community as a universal theme in modern international lawcontinue to seek cooperation and development of the next trend to explore fundamentalquestions about the world and its obligations in practice applications, as well as to improvethe overall interests of the protection of international law has important value and function.From the basic problems of the world obligations, analyzes its meaning, characteristics,theoretical foundation and related concepts such as the relationship with customaryinternational law, international law between the concepts of force, and to sort out and analysisof the historical development of the concept, describes the impact on the entire world systemof international law obligations arising from the right, through the practice of the ICJ caseanalysis, a clear extension of its application and future direction, and ultimately to the overallunderstanding of the future of the international system and the construction and improvementof the legal obligation to make the world recommendations.This thesis consists of an introduction, body and conclusion of three parts, of which thebody is divided into four parts.The first part discusses the basic problems of the world obligations, first analyzes theconcept of the world and features the obligations, as well as the theoretical basis for thedevelopment of international law and in-depth analysis and related concepts such ascustomary law and jus cogens. From the practice of international law (Barcelona TractionCompany case) back to the historical development of the World obligation to explore theworld of international practice environment obligations made before and after.The second part of the research and extension of the scope of the problem worldobligations, through the International Court of typical cases of assessment, then discusses thespecific application of the World obligation under international law. First analysis of worldevents obligations under international law clearly applies: aggression, genocide, slavery, andnational self-determination, to new areas of the world after the obligations applicable to-andthe field of environmental law in the field of development method proposed the idea. The third part will be placed within the world system of international law obligation, theobligation to investigate the status of the world in the international law system. Afteranalyzing the system of international law "fragmentation" status quo and causes, to explorethe role of integration and coordination of the Bank’s obligations to the international legalsystem.Part IV discusses the implementation mechanism of the World obligation underinternational law. According to the shortcomings of the traditional world obligations underinternational law enforcement mechanisms appeared, combining the characteristics of theworld itself the obligation, to explore new and better enforcement mechanisms. As a rule ofinternational law, the study of the world’s essential obligation enforceability problem,otherwise it will just become a World obligation empty term only.Obligations erga omnes reveals a shift in international law proposed values. The value ofinternational law is not limited to the national value, on top of this, there are still a higherorder value-the basic values of the international community, which is consistent with thedevelopment trend of contemporary international law, and for in-depth study of the world willlead our obligations international law and the development of core values were re-examined.Although obligations erga omnes has repeatedly been used directly or indirectly practiceof international law, but on the controversy regarding obligations erga omnes continues to thisday, from its legal connotation to the applicable extension, as well as its future direction, alljurists contending issues. Even so, the obligation to comply with the emergence of worlddevelopment trend of international law, will play underestimated the effectiveness ofinternational activities in the future, therefore, need to improve and standardize thedevelopment of obligations erga omnes.
Keywords/Search Tags:Obligations erga omnes, System of international law, International Court ofJustice, Implementation Mechanism
PDF Full Text Request
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