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Erga omnes obligations attach when there is a serious breach of peremptory norms of international law like those against piracy, genocide and wars of aggression. [2] [3] The concept was recognized in the International Court of Justice's decision in the Barcelona Traction case [4] [(Belgium v Spain) (Second Phase) ICJ Rep 1970 3 at paragraph 33]:
Nicaragua further asked the court to indicate provisional measures pursuant to its own obligations erga omnes. [1]: ¶ 68 Nicaragua alleged an "imminent risk of a complete humanitarian catastrophe". [1]: ¶ 74 It cited the remarks of Israeli officials, [1]: ¶ 70 and UN officials.
The topic of state responsibility was one of the first 14 areas provisionally selected for the ILC's attention in 1949. [7] When the ILC listed the topic for codification in 1953, "state responsibility" was distinguished from a separate topic on the "treatment of aliens", reflecting the growing view that state responsibility encompasses the breach of an international obligation.
Ius in re, or jus in re, under civil law, more commonly referred to as a real right or right in rem, is a right in property, known as an interest under common law.A real right vests in a person with respect to property, inherent in his relation to it, and is good against the world ().
Universal jurisdiction is a legal principle that allows states or international organizations to prosecute individuals for serious crimes, such as genocide, war crimes, and crimes against humanity, regardless of where the crime was committed and irrespective of the accused's nationality or residence.
ECtHR rulings have erga omnes effects (that is, they are potentially binding on all member states), because the court "determines issues on public-policy grounds in the common interest, thereby extending human rights jurisprudence throughout the community of European Convention States", although erga omnes effect "is not regarded by all States ...
If there is a difference between erga omnes and in rem, it may be only in international law. USLegal (for what it may be worth) has: Erga omnes means in relation to all. The term is used to describe legal obligations and rights towards all. Erga omnes is used in property law. The right against trespass of a property can be enforced as against ...
ex parte: from a part: A legal term that means "by one party" or "for one party". Thus, on behalf of one side or party only. ex pede Herculem: from his foot, so Hercules: From the measure of Hercules' foot you shall know his size; from a part, the whole. ex post: from after "Afterward", "after the event". Based on knowledge of the past.