Protection of the Marine Environment and Obligation Erga omnes

Abstract:

Obligation erga omnes is the obligation to the international community as a whole. The concept was initially expounded in the Barcelona Traction, Light and Power Company Limited Case by the International Court of Justice (ICJ) in 1970. Obligation deriving from the principles and rules concerning the basic rights of the human person belongs to obligation erga omnes. Marine environment is an important component of the human environment, and the right to environment is a basic human rights. protection of the marine environment conforms to the human basic moral value and the common interest of the international community. Protection of the marine environment is an obligation erga omnes. States should Promote the international co-operation on protection of the marine environment and perform obligation erga omnes. Where breach the obligation erga omnes, the state should entail the international responsibility.

• Periodical: Advanced Materials Research (Volumes 356-360)
• Pages: 2587-2591
• DOI: https://doi.org/10.4028/www.scientific.net/AMR.356-360.2587
• Online since: October 2011
• Authors: Bo Qu
• Keywords: Co-Operation, International Responsibility, Obligation Erga Omnes, Protection of the Marine Environment, Sustainable Development

References

[1] Martin Dixon & Robert McCorquodale, Cases & Materials on International Law,(Oxford University Press 2003),p.93

[2] Xi Wang, International and Comparative Environmental Law Review, (Law Press China 2002), p.87(In Chinese).

[3] Qi-zhi He,Law of State Responsibility and Brief Analysis of Relevent Cases,( Law Press China 2003),p.271(In Chinese).