국제법상 대세적 의무에 관한 연구

In international law, the concept of obligations erga omnes means “the obligations of a state towards the international community as a whole.” In its dictum on the Barcelona Traction case(Belgium v. Spain)(1970), the concept of obligations erga omnes in international law was first articulated by ICJ and has been reiterated on numerous cases. The obligations erga omnes are obligations towards the international community as a whole, with the consequence that each and every member of the international community has a “legal interest” in their observance and consequently a legal entitlement to demand respect for such obligations. According to the judgement in the Barcelona Traction Co. case, all states have legal interests in the protection of the rights involved. This legal interest in fulfillment of the obligations to the international community departs from bilateralism that traditionally characterizes obligations in international law. The judgement in the Barcelona Traction Co. case is stated in regard to obligations erga omnes in the line of reasoning related to jus standi, and this raises the issue of the existence of actio popularis in international law. And the concept of obligations erga omnes closely related to jus cogens. The Barcelona Traction Co. case do not give bases for a pronouncement as the one that the ICJ made on the obligations erga omnes and the impact it produced. The obligations erga omnes concern the enforcement of jus cogens. All jus cogens create obligations erga omnes, but not all obligations erga omnes derive from jus cogens. The obligations erga omnes are virtually coextensive with jus cogens. The ICJ, in its 2012 judgment in the Belgium v. Senegal case, innovated obligations 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 article will try to shed some light on obligation erga omnes concept by analysing its meaning in international law, starting from its appearance, consequent development and its position at the present time. In this paper, I examine various definition considering characteristics and functions, and examine the international precedents related to the obligations erga omnes concept. I also analyses the relationship between the implementation of the obligations erga omnes and the State responsibility law. and I want to view the development of the obligations erga omnes.