Obligations erga omnes in international law

Obligations erga omnes are an international legal concept that continues to provoke serious debate, despite having been long recognized. Recently, this category of obligations has again attracted significant attention, particularly in connection with events that have come within the purview of the UN International Court of Justice. The author identifies and examines the main issues arising in connection with obligations erga omnes, namely their definition, the legal consequences of their violation, and their distinction from other legal concepts — in particular, from jus cogens norms. Special attention is paid to the problem of identifying obligations that belong to this category. Thus, the author challenges the widespread approach according to which the defining criterion for recognizing an obligation as erga omnes is the special importance of the value it protects. This method is evaluative in nature, making it highly subjective and unsuitable as a reliable basis for legal qualification. As an alternative, an objective approach is proposed, based on the classical principles of interpreting international legal norms. According to this approach, the key factors for determining the nature of an obligation should be its wording, object and purpose, as well as the general context in which it exists. These debated aspects of obligations erga omnes are examined through the lens of the work of the UN International Law Commission and various doctrinal approaches, as well as the practice of international courts. The practice of the International Court of Justice is analysed to the greatest extent. Since recognising obligations erga omnes in its famous dictum in the Barcelona Traction decision, it has faced a significant number of applications from states other than injured ones. In this regard, issues such as the relationship between this category of applications and actio popularis, the connection between the breach of an obligation erga omnes with jus standi of the applicant states, and the influence of political motives on the initiation of proceedings are of particular interest.