Revisiting the relevance of Barcelona Traction

Dubey, Akanksha (2019) Revisiting the relevance of Barcelona Traction. Supremo Amicus, 14. pp. 1-7. ISSN 2456-9704

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The paper begins by briefly examining facts of the case Barcelona Traction. In an obiter dictum, the court in this case identified a new category of international obligations called erga omnes - which are obligations owed by the States towards the international community as a whole in the interest of protecting basic values common to all. Although there was a difference between the ratio and the obiter dicta (erga omnes) in this case, this paper seeks to analyse why the concept of erga omnes evolved and gives various instances from the judgement itself which try to justify that the international commercial activities of the
States are in the interest of the entire international community and therefore are obligations erga omnes.

Item Type: Article
Keywords: Barcelona Traction | Erga omnes
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 27 Apr 2022 07:24
Last Modified: 27 Apr 2022 07:24
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