The Innovation in Concept of the Erga-Omnesisation of International Law

Abstract in English

In international law, the concept of erga omnes obligations refers to specifically determined obligations that states have towards the international community as a whole. In general legal theory the concept “erga omnes” (Latin: „in relation to everyone‟) has origins dating as far back as Roman law and is used to describe obligations or rights towards all. In municipal law it has the effect towards all in another, general context. The concept is very important because in today‟s structure of international society, composed of independent entities giving rise, as a rule, to legal relations on a consensual basis, erga omnes obligations can further enable the International Court of Justice to go beyond reciprocal relations among states based on consent in further developing international law on the basis of a natural law approach. By its very nature this affects the freedom of state consent and the sovereignty of states. The ICJ, in its 2012 judgment in the Belgium v. Senegal case, innovated erga omnes partes in much more comprehension than the old meaning. Now and at the future, the new approach of ICJ would be referred and expanded in International law and international human rights law. This paper will try to shed some light on this concept by analyzing its meaning in international law, starting from its appearance, consequent development and its position at the present time.