IDEAS home Printed from https://ideas.repec.org/a/mhr/jinste/urnsici0932-4569(200903)1651_5eoniac_2.0.tx_2-c.html
   My bibliography  Save this article

Erga Omnes Norms, Institutionalization, and Constitutionalism in International Law

Author

Listed:
  • 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.

Suggested Citation

  • Eric A. Posner, 2009. "Erga Omnes Norms, Institutionalization, and Constitutionalism in International Law," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 165(1), pages 5-23, March.
    • Handle: RePEc:mhr:jinste:urn:sici:0932-4569(200903)165:1_5:eoniac_2.0.tx_2-c
    as

    Download full text from publisher

    File URL: https://www.mohrsiebeck.com/en/article/erga-omnes-norms-institutionalization-and-constitutionalism-in-international-law-101628093245609787369679
    Download Restriction: Fulltext access is included for subscribers to the printed version.
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. 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, June.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Christoph Engel & Michael Kurschilgen, 2011. "The Coevolution of Behavior and Normative Expectations. Customary Law in the Lab," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2011_32, Max Planck Institute for Research on Collective Goods.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Kyle Bagwell & Chad P. Bown & Robert W. Staiger, 2016. "Is the WTO Passé?," Journal of Economic Literature, American Economic Association, vol. 54(4), pages 1125-1231, December.
    2. Staiger, Robert & Bagwell, Kyle & Bown, Chad, 2015. "Is the WTO Passé?," CEPR Discussion Papers 10672, C.E.P.R. Discussion Papers.
    3. Krzysztof Pelc & Johannes Urpelainen, 2015. "When do international economic agreements allow countries to pay to breach?," The Review of International Organizations, Springer, vol. 10(2), pages 231-264, June.
    4. William Phelan, 2015. "Enforcement and Escape in the Andean Community: Why the Andean Community of Nations is Not a Replica of the European Union," Journal of Common Market Studies, Wiley Blackwell, vol. 53(4), pages 840-856, July.

    More about this item

    JEL classification:

    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:mhr:jinste:urn:sici:0932-4569(200903)165:1_5:eoniac_2.0.tx_2-c. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Thomas Wolpert (email available below). General contact details of provider: https://www.mohrsiebeck.com/jite .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.