A Matter of Interest

Diplomatic Protection and State Responsibility Erga Omnes

Dados Bibliográficos

ID9932708
AutoresAnnemarieke Vermeer-Künzli (autor correspondente)
Ano2007
Volume56
Fascículo3
Páginas553-581
Data de publicação2007-07-01
Open AccessSim
TipoARTICLE
PeriódicoInternational and Comparative Law Quarterly (JOURNAL)
Identificadores do periódicoISSN: 0020-5893 • E-ISSN: 1471-6895
EditoraCambridge University Press (PUBLISHER • US)
DOI10.1093/iclq/lei182
OpenAlexW1980348116
IdiomaEN
Citações recebidas1
Referências citadas20

International law recognizes two mechanisms for the protection of individuals in case of violations of peremptory norms affecting individuals: invocation of State responsibility erga omnes and diplomatic protection. While they share some fields of applications and are both based on some measure of indirect injury, there are important differences between these two mechanisms. This paper analyses and discusses these differences and similarities, and concludes by demonstrating that the essential distinction is to be found in the legal interest in the claim and the nature of the claim. The traditional conditions for the bringing of a claim based on indirect injury that are applicable to diplomatic protection (exhaustion of local remedies and nationality of claims) are not applicable to invocation of responsibility erga omnes . This paper will argue that the latter is based on an obligation owed to the community as a whole, including the claimant State, and therefore constitutes a direct claim. In the interest of enhancing protection of individuals against violations of peremptory norms, the simultaneous existence of these two mechanisms should be welcomed

Immigration · International law · Invocation · Law and economics · Nationality · Obligation · Plaintiff · Political science · Sociology · State (computer science · State responsibility · Global Peace and Security Dynamics · International Law and Human Rights · Law · War, Ethics, and Justification