Protection of the Marine Environment and Obligation Erga omnes
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.
Hexing Li, Qunjie Xu and Daquan Zhang
B. Qu "Protection of the Marine Environment and Obligation Erga omnes", Advanced Materials Research, Vols. 356-360, pp. 2587-2591, 2012