This is the first monograph on the idea of obligations erga omnes, an increasingly important concept in contemporary international law. Maurizio Ragazzi employs a pragmatic approach that identifies five common elements among the examples of obligations erga omnes given by the International Court. These five properties are then discussed comparatively.
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After waiting months to use this book, I was very disappointed. Although Ragazzi has written one of the only authorities on this topic, it is lacking in many aspects. He makes ambitious assertions, including that which states that erga omnes obligations are attached to those rights which are moral absolutes. Unfortunately he does not explore what in fact constitutes a moral absolute. Does it derive from fundamental human rights? What are fundamental human rights and where do they arise from? Neither natural law or positive law theories are discussed, and the reader is expected to accept his position unquestioned. He makes an attempt to list those right which are to be accorded erga omnes status, however by going beyond those which are universally accepted as basic rights, he reduces the authority of his work. To assert that a right to development is likely to be erga omnes, when it is not yet truly accepted in the international legal community, is a stretch. His discussion of the judicial origins and evolution of erga omnes is fair, and provides a good starting point. The footnotes and bibliography are excellant, and provide a rich source of work to draw upon if pursuing this area of law, however overall, the book is unimpressive.
Reviewed in the United States on September 15, 2000
This book arrives at the core of universal obligations. And what is even more starteling manages to avoid the common fault of summarily dismissing other approaches.