A Typology of Int’l Legal Norms

Norms can be described based on … The legal relationship that they establish between two or more subjects Other?

Consequences of a breach of an int’l obligation? Venezuela violates bilateral trade agreement with the US US diplomatic staff in Iran act in contravention of VC-61, Art. 41 French nuclear tests at Mururoa in violation of Principle 21 Iraq occupies Kuwait in violation of UNCh Art. 2(4) Spanish prison guards practice torture in violation of ECHR Art. 3 Iran manufactures nuclear weapons in violation of NPT

Bilateral legal relationship Bilateral obligation State S1 owes obligation to single state S2 The obligation owed by S1 to S2 corresponds to obligation owed by S2 to S1 Performance by S2 of obligation owed to S1 is a necessary condition for the performance by S1 of obligation owed to S2 Performance by S2 of obligation owed to S1 does not affect performance of obligations possibly owed by S1 to other states

Universal legal relationship Obligation erga omnes State S1 owes obligation to ”the international community as a whole” The obligation owed by S1 to the int’l community does not correspond to any obligation owed by the int’l community to S1 Performance by other states of their respective obligations owed to the int’l community is not a necessary condition for performance by S1 of its obligation

Multilateral legal relationship #1 Interdependent obligation State S1 owes obligation to a group of states {S2, S3, S4} The obligation owed by S1 to {S2, S3, S4} does not correspond to any obligation owed by {S2, S3, S4} to S1 Performance by S2, S3 and S4 of their respective obligations to the group is a necessary condition for the performance by S1 of its obligation

Multilateral obligation #2 Obligation erga omnes partes State S1 owes obligation to a group of states {S2, S3, S4} The obligation owed by S1 to {S2, S3, S4} does not correspond to any obligation owed by {S2, S3, S4} to S1 Performance by S2, S3 and S4 of their respective obligations to the group is not a necessary condition for the performance by S1 of its obligation

Suspension of treaties Material breach of a multilateral treaty Consequences different depending on whether breach of … Bilateral obligation [Art. 60 § 2(b)] Interdependent obligation [Art. 60 § 2(c)] Other kind of obligation [Art. 60 § 2(a)]

State responsibility may be invoked ... By ”injured state”, in all respects (Art 42) In cases of breach of either … Bilateral obligation; or Interdependent obligation By other states, for limited purposes (Art 48) Obligation erga omnes partes; or Obligation erga omnes

ARSIWA, Art. 48 “1. Any State other than an injured State is entitled to invoke the responsibility of another State in accordance with paragraph 2 if: (a) the obligation breached is owed to a group of States including that State, and is established for the protection of a collective interest of the group; or (b) the obligation breached is owed to the international community as a whole. 2. Any State entitled to invoke responsibility under paragraph 1 may claim from the responsible State: (a) cessation of the internationally wrongful act, and assurances and guarantees of non-repetition in accordance with article 30; and (b) performance of the obligation of reparation in accordance with the preceding articles, in the interest of the injured State or of the beneficiaries of the obligation breached.”

Countermeasures may be taken … By ”injured state”, in all respects (Art. 49) By other states, for limited purposes (Art. 54)??? “This chapter does not prejudice the right of any State, entitled under article 48, paragraph 1, to invoke the responsibility of another State, to take lawful measures against that State to ensure cessation of the breach and reparation in the interest of the injured State or of the beneficiaries of the obligation breached.”