Erga Omnes Norms, Institutionalization, and Constitutionalism in International Law
Eric A. Posner
Journal of Institutional and Theoretical Economics (JITE), 2009, vol. 165, issue 1, 5-23
Abstract:
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 twoparty 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.
JEL-codes: K33 (search for similar items in EconPapers)
Date: 2009
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