Erga Omnes Norms, Institutionalization, and Constitutionalism in International Law
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.
Volume (Year): 165 (2009)
Issue (Month): 1 (March)
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- Alan O. Sykes, 2005. "Public versus Private Enforcement of International Economic Law: Standing and Remedy," The Journal of Legal Studies, University of Chicago Press, vol. 34(2), pages 631-666, 06.
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