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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.
- Sales Rank: #5948475 in Books
- Published on: 2000-05-11
- Original language: English
- Number of items: 1
- Dimensions: 9.00" h x .70" w x 6.10" l, .97 pounds
- Binding: Paperback
- 304 pages
Review
`an excellent pioneering study' Law and Justice Quarterly
About the Author
Dr Maurizio Ragazzi has degrees from the Universities of Angelicum and Ferrara in Italy; Columbia, New York and Oxford. He practised for five years with an international law firm during which time he was an international arbitrator. He is now counsel in the Legal Department of the World Bank in Washington, DC.
Most helpful customer reviews
2 of 2 people found the following review helpful.
A Unique Monograph
By A Customer
This monograph is excellent: a thorough, clear and originalscientific work. The two ideas that I found most important are the ethical basis of international obligations erga omnes and the distinction between obligations erga omnes and self-existent obligations (a distinction regularly missed in the international literature). I was also impressed by the command of the whole field of international law displayed by its author and the international outlook of the work (with citations in more than 10 languages). A "must read" for lawyers, diplomats, moral philosophers and, more generally, everybody interested in the rule of law in international relations.
2 of 2 people found the following review helpful.
Great Comprehensive, Fair Minded Analysis
By Michael Trevelline
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.
2 of 4 people found the following review helpful.
A starting point...
By Gillian Walker
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.
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