Invoking Obligations Erga Omnes in the Twenty-first Century : Progressive Developments since Barcelona Traction

Abstract

In April 2014 the Republic of the Marshall Islands instituted proceedings before the International Court of Justice against India, the United Kingdom and Pakistan respectively. The focus of the applications concerned the alleged failure of these countries to fulfill their obligations under customary international law, as enshrined in Article VI of the 1968 Treaty on the Non- Proliferation of Nuclear Weapons (NPT). In accordance with this article:

Each of the Parties to the Treaty undertakes to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament, and on a treaty on general and complete disarmament under strict and effective international control.