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Erga Omnes Norms, Institutionalization, and Constitutionalism in International Law

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Author Info
Eric A. Posner
Abstract

Erga omnes norms are those that give third-party states, rather than just the victim, legal claims against states that violate them. This paper argues that ordinary twoparty norms arise when states recognize that a norm violation injures only one state and that other states that seek to retaliate on that state's behalf are likely using the violation as a pretext for predatory behavior. Erga omnes norms arise when states recognize that a norm violation injures multiple states and that states have an incentive to free ride rather than retaliate against the violator.

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Publisher Info
Article provided by Mohr Siebeck, Tübingen in its journal Journal of Institutional and Theoretical Economics.

Volume (Year): 165 (2009)
Issue (Month): 1 (March)
Pages: 5-23
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Handle: RePEc:mhr:jinste:urn:sici:0932-4569(200903)165:1_5:eoniac_2.0.tx_2-c

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Find related papers by JEL classification:
K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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This page was last updated on 2009-12-10.


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