Erga Omnes Obligations Contract Term Property Enforced International

erga omnes

Erga omnes means in relation to all. The term is used to describe legal obligations and rights towards all. Erga omnes is used in property law. The right against trespass of a property can be enforced as against everyone. The term is in contradiction to contract law, where contract can be enforced only against a party to the contract and no other.

International law applies the principle of erga omnes in certain cases. Some obligations are against all states. In some cases, defaulting state alone has obligation. However, certain states are entitled to invoke obligations erga omnes in proceedings before the International Court of Justice, and to take countermeasures in response to serious erga omnes breaches.