Obligations Erga Omnes and International Crimes : : A Theoretical Inquiry into the Implementation and Enforcement of the International Responsibility of States / / André de Hoogh.

• VerfasserIn: Hoogh, André de,
• Place / Publishing House: The Hague, The Netherlands : : Kluwer Law International,, [1996]; ©1996
• Year of Publication: 1996
• Edition: First edition.
• Language: English
• Physical Description: 1 online resource (489 pages)

Table of Contents

Intro -- Title Page -- Copyright Page -- Dedication -- Table of Contents -- PREFACE -- ACKNOWLEDGEMENTS -- LIST OF ABBREVIATIONS -- INTRODUCTION -- CHAPTER 1 STRUCTURES RELATED TO INTERESTS, RULES, OBLIGATIONS AND RIGHTS IN INTERNATIONAL LAW AND THE LEGAL INTERESTS OF STATES -- 1.1. Introduction -- 1.2. Interests and their legal expression in international law -- 1.2.1. A definition of interests? -- 1.2.2. The distinction between interests pur sang and interests protected by international law -- 1.2.3. Interests and their protection by means of elaboration of primary rules of international law: the common interest -- 1.3. Obligations, rights and their correlation in international law -- 1.3.1. Obligations -- 1.3.2. Rights -- 1.3.3. Obligations correlative to rights -- 1.3.4. Rights correlative to obligations -- 1.4. The necessity of correlative rights, their sources, and the requirement of a legal interest -- 1.4.1. The possession of a correlative right as a prerequisite for the competence to demand performance of other subjects' obligations -- 1.4.2. The sources of the complementary rules laying down correlative rights -- 1.4.3. The exercise of correlative rights and the requirement of a legal interest -- 1.5. The criteria to determine the existence of a legal interest in the performance of obligations -- 1.5.1. States and the general interest in the performance of obligations -- 1.5.2. States and the common interest in the performance of obligations under rules of international law -- 1.5.3. Performance of obligations towards specific States -- 1.5.4. The effects of an internationally wrongful act as criterion to determine the existence of legal interests of States -- Material and moral damage -- Legal damage -- Effects of an internationally wrongful act upon (a) State(s) as generalized criterion to determine the existence of a legal interest.

1.6. Categories of legal interests of States -- 1.6.1. Non-problematical categories of legal interests -- 1.6.2. Legal interests, prejudice and the individual interest of States -- Legal interests and direct effects upon individual States -- Legal interests and indirect effects upon individual States -- 1.6.3. Legal interests, prejudice and the collective interest of States -- Legal interests and collective prejudice to States -- Legal interests and prejudice to extra-State interests -- Legal interests and the protection of the environment in areas outside national jurisdiction -- Legal interests and the protection of individuals irrespective of nationality -- 1.6.4. Legal interests and the posited collective interest -- 1.7. The concept of jus cogens -- 1.7.1. The object, purpose, and basis of the concept of jus cogens -- 1.7.2. Acceptance and recognition of peremptory norms by the international community of States as a whole -- 1.7.3. Peremptory norms and State responsibility -- 1.8. The Court's dictum on obligations erga omnes -- 1.8.1. Paragraphs 33 and 34 in the context of the Barcelona Traction Case -- 1.8.2. The scope of obligations erga omnes and the relation to the concept of jus cogens -- 1.9. The theory of international crimes -- 1.9.1. The object, purpose, and basis of the theory of international crimes -- 1.9.2. The criteria to determine the existence of an international crime -- 1.9.3. Recognition by the international community as a whole -- 1.9.4. The consequences attached to international crimes -- 1.9.5. International crimes, article 5, paragraph 3, Part Two of the ILC-draft on State responsibility, and obligations erga omnes -- 1.10. Summary -- CHAPTER 2 OBLIGATIONS ERGA OMNES, INTERNATIONAL CRIMES, AND THE LEGAL INTERESTS OF THE INTERNATIONAL COMMUNITY AND THE UNITED NATIONS -- 2.1. Introduction.

2.2. Obligations towards the international community as a whole -- 2.3. The international legal personality of the United Nations -- 2.4. Criteria to determine the United Nations' legal interest -- 2.4.1. The United Nations and the general interest in the performance of obligations -- 2.4.2. The United Nations and the common interest in the performance of obligations under rules of international law -- 2.4.3. Performance of obligations towards the United Nations -- 2.4.4. The effects of an internationally wrongful act as criterion to determine the existence of a legal interest of the United Nations -- 2.5. Legal bases of the United Nations' legal interest -- 2.5.1. The United Nations' legal interest regarding breaches of obligation under the Charter -- 2.5.2. The United Nations' legal interest regarding breaches of obligation under treaties between the United Nations and States -- 2.5.3. The United Nations' legal interest regarding breaches of obligation under treaties sponsored by the united nations -- 2.5.4. The United Nations' legal interest regarding breaches of obligation under treaties extraneous to the Charter and United Nations activities -- 2.5.5. The United Nations' legal interest regarding breaches of obligation under customary international law -- 2.6. The United Nations, obligations erga omnes and the distinction between international delicts and international crimes -- 2.6.1. The United Nations' legal interest consequent upon the commission of an international crime and the competence of the Security Council under article 39 of the Charter -- The United Nations' legal interest regarding the maintenance of international peace and security and the competence of the Security Council under article 39 of the Charter.

The United Nations' legal interest regarding the safeguarding of the right of self-determination of peoples and the competence of the Security Council under article 39 of the Charter -- The United Nations' legal interest regarding the safeguarding of the human being and the competence of the Security Council under article 39 of the Charter -- 2.6.2. The effects of recommendations adopted by the General Assembly and the Security Council -- 2.7. Summary -- CHAPTER 3 THE OBLIGATION OF AN AUTHOR STATE TO PROVIDE REPARATION, AND THE CORRESPONDING RIGHT OF (AN) INJURED STATE(S) AND THE UNITED NATIONS TO DEMAND SUCH REPARATION, IN CASE OF INTERNATIONAL CRIMES -- 3.1. Introduction -- 3.2. The basis and nature of reparation -- 3.2.1. The basis of reparation: obligation and/or right -- 3.2.2. The nature of reparation: reparatory and/or punitive traits -- 3.3. Cessation of internationally wrongful acts -- 3.3.1. The role of protest -- 3.3.2. The obligation to discontinue internationally wrongful acts -- 3.4. Restitution -- 3.5. Compensation -- 3.6. Satisfaction -- 3.6.1. Acknowledgement of responsibility and expression of regrets or apologies -- 3.6.2. Punishment of responsible individuals -- 3.6.3. Punitive damages -- 3.7. Guarantees against repetition -- 3.7.1. Guarantees regarding disputes lying at the basis of the crime -- 3.7.2. Guarantees regarding the commission of, or conduct during, the crime -- 3.7.3. Guarantees affecting or changing the State organization -- 3.7.4. Guarantees and territorial issues -- 3.8. Restrictions regarding the exercise of rights of reparation -- 3.8.1. Restrictions regarding reparation, multiplicity of injured States, and the organizational interest preparation -- Restrictions based on the absence of specially affected States -- Restrictions based on the presence of a directly injured State.

Restrictions based on an organization's competence -- 3.8.2. Restrictions regarding reparation based on general concepts -- The exclusion of specific forms of reparation due to the existence of a treaty régime -- Peremptory norms and human rights -- 3.8.3. Specific restrictions regarding reparation -- Excessive onerousness and proportionality -- Impossibility of performance and domestic jurisdiction -- 3.9. Summary -- CHAPTER 4 THE RIGHT OF (AN) INJURED STATE(S) AND THE UNITED NATIONS TO RESORT TO NON-MILITARY COUNTERMEASURES IN RESPONSE TO INTERNATIONAL CRIMES -- 4.1. Introduction -- 4.2. The function and nature of countermeasures -- 4.2.1. THE FUNCTION OF COUNTERMEASURES -- Relation to reparation -- Questions of punishment and punitive intent -- Coercion distinguished -- 4.2.2. THE NATURE OF COUNTERMEASURES -- Collective responsibility -- Circumstances precluding wrongfulness -- Measures constituting a denial of a right of the author State -- Exceptionally justified or generally applicable measures -- 4.3. Preconditions for resort to countermeasures -- 4.3.1. The commission of an internationally wrongful act -- 4.3.2. Reparation demands, dispute settlement and countermeasures -- 4.3.3. Additional requirements for Security Council measures under article 41 of the charter -- General Assembly and Security Council recommendations and decisions: justification for otherwise wrongful acts? -- Article 41 measures and determinations under article 39 -- 4.4. Restrictions regarding resort to countermeasures -- 4.4.1. Restrictions regarding countermeasures, multiplicity of injured States, and the organizational interest in countermeasures -- Restrictions based on the absence of specially affected States -- Restrictions based on the presence of a directly injured State -- Restrictions based on the exercise of Security Council powers.

4.4.2. Restrictions regarding countermeasures based on general concepts.