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Reflections on Locus Standi in Response to a Breach of Obligations Erga Omnes Partes: A Comparative Analysis of the Whaling in the Antarctic and South China Sea Cases

2018; Brill; Volume: 17; Issue: 3 Linguagem: Inglês

10.1163/15718034-12341391

1571-8034

Yoshifumi Tanaka,

International Environmental Law and Policies

Abstract The concept of obligations erga omnes partes can be regarded as one of the key elements in the protection of common interests in international law. A particular issue that arises in this context is whether not directly injured States are entitled to institute proceedings against a State responsible for the breach of obligations erga omnes partes enshrined in a multilateral treaty. Two recent cases, i.e. the Whaling in the Antarctic and South China Sea cases, provide an interesting insight into this issue. Thus, this article seeks to examine issues of the locus standi of not directly injured States in response to a breach of obligations erga omnes partes by analysing the Whaling in the Antarctic and South China Sea cases. In so doing, this article considers the role of an international court or tribunal in effectuating obligations erga omnes partes and its limitations.