Acknowledgments VII
Table of Cases VIII
List of Abbreviations XII
Introduction 1
1
Identifying the Elements and Operational Framework of actio popularis 13
1
Elements of actio popularis in Roman Law and Municipal Legal Systems 13
2
Defining the Operational Context for actio popularis in International Law 18
3
Actio popularis
as a Judicial Concept: Proliferation of International Courts
and Tribunals – a Bar to a Unified Conception of actio popularis in International Law 20
2
Understanding the Elements of actio popularis 27
1
Classification of Obligations in International Law: Bilateralist vs Multilateralist Conceptions of International Norms 36
2
Towards Identification of Collective Interests 40
3
Absolute Obligations: Nature of Human Rights Obligations 50
3
Enforcing Community Obligations 57
1
Responsibility for Violation of Collective Obligations: Debates within the International Law Commission 57
2
Invoking Responsibility to Protect Collective Interest: Distinguishing between Injured and Non-injured States 61
3
Injury and Damage as a Precondition to Invoke Responsibility: a Bar to Invoke Responsibility to Protect Collective Interests (a Bar to actio popularis) 65
4
Judicial Enforcement of Community Obligations 71
1
Ineffectiveness of “Bipolar” Litigation in Protection of Collective Interests 71
2
Injury/Damage (Legal Interest/Interest) as a Condition to Bring a Claim before International Courts and Tribunals 73
5
1
Deconstructing a “Legal Dispute” 76
2
Actio popularis: Can ICJ Decide for other International Courts and Tribunals? 96
3
Sources of actio popularis: Express and Inferred Right to actio popularis 100
3.1
Actio popularis
by Inference under International Treaty Instruments: Establishing a Link between Interpretation of Jurisdictional Clauses and Substantive Norms in Applications Brought before the ICJ 102
3.2
ICJ: the Right of actio popularis by Virtue of Express Treaty Provisions 125
3.3
The Right of actio popularis under Optional Clause Declarations: Adjusting Procedural Law to Substantive Obligations
129
3.4
Procedural Bar to Judicial Enforcement of Collective Obligations before International Court of Justice: actio popularis
and Indispensable Third-Party Rule: Insignificance of Erga Omnes (Collective) Nature of Obligations 138
6
Actio popularis
: Other International Courts and Tribunals 144
1
ITLOS 144
1.1
Actio popularis in Cases of Protection of the Area 144
2
CJEU 156
2.1
Conception of Causes of Action: Cautious Approach to Relaxing the Direct and Individual Interest Test 156
3
ECtHR 161
4
WTODSB 173
4.1
Determining the Nature of WTO Obligations and Their Legal Consequences: the Problem of a Legal Interest 173
7
Actio popularis as a Question of Judicial Policy 183
1
Actio popularis as a Result of Judicial Law Making 184
2
The Problem of Non-Liquet and Limits of Judicial Law Making 186
3
Actio popularis and Judicial Policy Concerns 191
Conclusion 199
Bibliography 205
Index 225