ERGA OMNES ОБАВЕЗЕ И КРИЗА СУВЕРЕНИТЕТА ДРЖАВА У МЕЂУНАРОДНОМ ПРАВУ
ERGA OMNES OBLIGATIONS AND CRISIS OF STATES’ SOVEREIGNTY IN INTERNATIONAL LAW

Summary/Abstract: The paper analyzes the existence of an increasing number of norms with erga omnes effect in international law that influence the narrowing of the sovereignty of states. The international community is moving in the direction of building a universal order, which affects the traditionally understood sovereignty of states. The author carefully analyzes the effect of norming and the constant striving to establish a regime through cogent norms, which can affect the sovereignty of smaller states to a greater extent. In this sense, the recent work of the International Law Commission is critically reviewed and concrete proposals de lege ferenda are given. In the paper, the author advocates for finding a fair solution and a balance between the justified need to establish a universal system of general norms and the interests of individual states, which is an immanent feature of international law and which is represented through the sovereignty of states.

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