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Cover of: Erga Omnes Norms, Institutionalization, and Constitutionalism in International Law
Eric A. Posner

Erga Omnes Norms, Institutionalization, and Constitutionalism in International Law

Section: Article
Volume 165 (2009) / Issue 1, pp. 5-23 (19)
Published 09.07.2018
DOI 10.1628/093245609787369679
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Summary
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 two-party 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.