International
Community
? What
International
Community
?
ABCD PBi
International
Community
? What
International
Community
?
Autor:
Gazzini, Tarcisio
É parte de:
International
community
law review, 2023-08, Vol.25 (5), p.508-537
Descrição:
Abstract The expression "
international
community
" is ubiquitous in
international
legal instruments, government policies, jurisprudence and scholarship. Yet, its meaning, significance and repercussions in
international
law are still unclear. The departing point of the analysis is the horizontal or decentralized character of the
international
legal order, which lacks any authorities above States and has traditionally been the kingdom of bilateralism. In the second part of the XX Century, however, States moved beyond bilateralism and accepted the existence of obligations owned to the
international
community
as a whole. The paper looks at such historical development from three different perspectives: (a) the definition(s) of "
international
community
" in State practice and its possible identification with the United Nations; (b) the legal implications of the emergence in
international
jurisprudence and practice of obligations owned to the
international
community
as a whole, as celebrated in the Barcelona Traction Case (1970); and (c) the rules governing international responsibility for breaches of those obligations, which were not completely defined in the International Law Commission's Articles on State Responsibility (2001).
Editor:
Leiden | Boston: Brill | Nijhoff
Idioma:
Inglês