Legittimazione di stati diversi da uno stato leso ad agire in giudizio per violazione di obblighi solidali
- Autores: Eugenio Carli
- Localización: Rivista di diritto internazionale, ISSN 0035-6158, Vol. 106, Nº 4, 2023, págs. 989-1030
- Idioma: italiano
- Enlaces
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Resumen
The concept of erga omnes obligations as those protecting common interests of the international community emerged more than fifty years ago in the international law discourse, but only in the last few years the consequences of its application on the law of responsibility, and in international litigation in particular, have started to take shape. The International Court of Justice has adopted the most forward-looking approach, by allowing the standing of States bound by treaties containing such type of obligations to institute proceedings before it in case of breach by another State party. This approach differs from the one adopted in the Articles on the Responsibility of States and has not failed to raise objections from scholars and practitioners. However, it seems a suitable way to develop an actual « Public » International Law and ensure accountability for the most serious crimes.
