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Erga Omnes Norms, Institutionalization, and Constitutionalism in International Law

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  • Eric A. Posner

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.

Suggested Citation

  • Eric A. Posner, 2009. "Erga Omnes Norms, Institutionalization, and Constitutionalism in International Law," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 165(1), pages 5-23, March.
    • Handle: RePEc:mhr:jinste:urn:sici:0932-4569(200903)165:1_5:eoniac_2.0.tx_2-c
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    References listed on IDEAS

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    1. Alan O. Sykes, 2005. "Public versus Private Enforcement of International Economic Law: Standing and Remedy," The Journal of Legal Studies, University of Chicago Press, vol. 34(2), pages 631-666, June.
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    Cited by:

    1. Christoph Engel & Michael Kurschilgen, 2011. "The Coevolution of Behavior and Normative Expectations. Customary Law in the Lab," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2011_32, Max Planck Institute for Research on Collective Goods.

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    JEL classification:

    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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