Individual States as Guardians of Community Interests
Publikation: Beiträge in Sammelwerken › Kapitel › begutachtet
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From Bilateralism to Community Interest: Essays in Honour of Bruno Simma. Hrsg. / Ulrich Fastenrath; Rudolf Geiger; Daniel-Erasmus Khan; Andreas Paulus; Sabine von Schorlemer; Christoph Vedder. Oxford University Press, 2011. S. 379-405.
Publikation: Beiträge in Sammelwerken › Kapitel › begutachtet
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TY - CHAP
T1 - Individual States as Guardians of Community Interests
AU - Tams, Christian J.
PY - 2011/5/1
Y1 - 2011/5/1
N2 - This chapter addresses a topic that has been one of Bruno's main concerns both as an academic and as a judge: the potential for decentralized responses against infringements of community interests. This is one of international law's perennial topics underlying pieces on obligations erga omnes, actio popularis, and jus cogens, but also humanitarian intervention, third-party countermeasures, and transnational litigation. The chapter provides a broader - and necessarily cursory - perspective on their structural features: what is provided is a comparative evaluation of how the international legal system responds to assertions, by individual States, of a right to defend community interests and thereby to act as guardians of an international public order. It reviews a heterogeneous range of enforcement measures (legal proceedings before international courts, the exercise of national jurisdiction, and forcible as well as non-forcible coercive measures), and takes account of general international law as well as treaty-specific enforcement regimes. The overarching purpose of this exercise is to evaluate the potential, under contemporary international law, for what might be called 'public interest enforcement', and to assess the common features and weaknesses of the different legal concepts used to justify it.
AB - This chapter addresses a topic that has been one of Bruno's main concerns both as an academic and as a judge: the potential for decentralized responses against infringements of community interests. This is one of international law's perennial topics underlying pieces on obligations erga omnes, actio popularis, and jus cogens, but also humanitarian intervention, third-party countermeasures, and transnational litigation. The chapter provides a broader - and necessarily cursory - perspective on their structural features: what is provided is a comparative evaluation of how the international legal system responds to assertions, by individual States, of a right to defend community interests and thereby to act as guardians of an international public order. It reviews a heterogeneous range of enforcement measures (legal proceedings before international courts, the exercise of national jurisdiction, and forcible as well as non-forcible coercive measures), and takes account of general international law as well as treaty-specific enforcement regimes. The overarching purpose of this exercise is to evaluate the potential, under contemporary international law, for what might be called 'public interest enforcement', and to assess the common features and weaknesses of the different legal concepts used to justify it.
KW - Community interests
KW - Decentralized responses
KW - International law
KW - Public interest enforcement
KW - Law
UR - http://www.scopus.com/inward/record.url?scp=84861376982&partnerID=8YFLogxK
UR - https://www.mendeley.com/catalogue/c1f4cd52-7875-3d8b-902d-e228ab14dd6c/
U2 - 10.1093/acprof:oso/9780199588817.003.0026
DO - 10.1093/acprof:oso/9780199588817.003.0026
M3 - Chapter
AN - SCOPUS:84861376982
SN - 9780199588817
SP - 379
EP - 405
BT - From Bilateralism to Community Interest
A2 - Fastenrath, Ulrich
A2 - Geiger, Rudolf
A2 - Khan, Daniel-Erasmus
A2 - Paulus, Andreas
A2 - von Schorlemer, Sabine
A2 - Vedder, Christoph
PB - Oxford University Press
ER -