Home Research Agenda News and Events Publications Team Contact

News

KFG welcomes new senior fellow: Christian J. Tams

On 01 January 2018, Prof. Dr. Christian J. Tams joined the Research Group as a new senior fellow.

read the whole text here

Video of Thomas Franck Lecture by Andrea Bianchi, 4 December 2017

Watch the video of the lecture "The Unbearable Lightness of International Law" here.

read the whole text here

Video of Thomas Franck Lecture by Angelika Nußberger, 30 November 2017

Watch the video of the lecture "From high hopes to disillusionment? Human rights protection in Europe in an ever more hostile environment." here.

read the whole text here
Contact us:
Berlin Potsdam Research Group
International Law - Rise or Decline?
Unter den Linden 6
10099 Berlin
Germany
Tel: +49 (0)30 2093-3322
e-Mail: info(at)kfg-intlaw.de
subscribe to mailing list



funding by
Deutsche Forschungsgemeinschaft

Working Papers


KFG Working Paper Series No. 5

Rights and Obligations of Third Parties in Armed Conflicts

Heike Krieger - Download PDF PDF

Abstract

This paper will turn into a contribution to a book on community obligations in international law. It is often said that international law has developed from a legal order which is designed to protect sovereignty to a system which also promotes community interests. This shift is said to be reflected in structural changes of the legal system. The creation of rights and obligations for third parties is generally seen as a part of this perceived paradigmatic shift. Community interests can be furthered either by negative duties of abstention, by an entitlement for third states, or even by duties to take positive measures. Since the shift towards protecting community interests apparently requires some form of cooperation, positive rights and duties to protect and to promote appear to be indispensable. Authors relying on a community perspective often dismiss duties of abstention as an expression of indifference in the face of a violation of a fundamental norm. Solidarity seems to require that third states take a more proactive role in actively enforcing community interests. The paper aims to test this understanding on the basis of an analysis of rights and obligations of third states in armed conflict. In order to argue that duties of abstention of third states are a central instrument for promoting community interests in relation to armed conflicts, the paper will first trace pertinent structural changes in international law. In particular, it will question the extent to which positive rights and obligations of third states have been firmly established in international law. In a second step, this contribution will evaluate the overall tendencies in the ongoing lawmaking process for promoting community interests in relation to armed conflict.


Freie Universität Berlin      Hertie School of Governance in Berlin      Humboldt-Universität zu Berlin      Universität Potsdam      WZB Berlin
          © 2017 KFG International Law - rise or decline?
login      Imprint