Genesis of solidarity measures in international law

Edyta Lis

Abstract


The aim of this article is to analyze genesis of solidarity measures in international law. The right to use solidarity measures has become an integral part of the international legal order. This paper
starts with an analysis of the notions, which are closely linked to genesis of solidarity measures such as: solidarity, interest, international community, and the ideas such as: ius cogens norms, obligations owed to the international community as a whole and international crimes of states. That is why this study focuses on the question of evolution of these notions and ideas of ius cogens norms, obligations owed to the international community as a whole and international crimes of states. The emphasis was laid on the similarities between ius cogens norms, obligations erga omnes and international crimes of states, because they all protect the interests of the international community. What is more ius cogens norms and obligations erga omnes often overlap. However, these conceptions are not identical. Furthermore, it was demonstrated that not all international norms are of the same gravity or significance, because of the nature of the rights they seek to protect. Hence recognition of the conception of higher norms and the idea of legal interests that belong to all states has influenced
work of the International Law Commission on the codification of state responsibility. It led to the origin of the idea of collective countermeasures – solidarity measures taken by other than aggrieved state in order to protect international community interests.

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DOI: http://dx.doi.org/10.17951/sil.2013.20.0.83
Data publikacji: 2015-07-12 03:05:34
Data złożenia artykułu: 2015-07-08 01:16:30


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Copyright (c) 2015 Edyta Lis

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