Discussion on Applying the Protection of Marine Environment to Obligation Erga Omnes
Xing Aifen Li Mengying
Abstract:Since the International Court of Justice put forward and illustrate the concept of obligation erga omnesin the decision of the BarcelonaTraction,Light,Power Company case in 1970,obligation erga omnes plays a more and more important role in the theory and practice of international law.Although there are still some uncertain factors in its content,given the importance of the protection of marine environment and the development of obligation erga omnes,there is no doubt that the protection of marine environment belongs to obligation erga omnes.Applying obligation erga omnes to protecting marine environment,there are two important issues we should highlight,the first one is litigation qualification,and the second one is the legal consequences of breach of obligation erga omnes of protection of marine environment.Only in this way can we make our planet a better place to live in and achieve sustainable development.