Enforcing the 'Community Interest' in Combating Transnational Crimes: The Potential for Public Interest Litigation

In: Netherlands international law review: NILR ; international law - conflict of laws, Band 69, Heft 1, S. 57-82

Abstract

AbstractTransnational criminal law treaties could give rise to public interest litigation concerning the breach of an obligation erga omnes partes, meaning an obligation owed by one state party to all other states parties. This article aims to contribute to scholarship on the subject of erga omnes or 'community interest' norms by exploring the potential for international litigation concerning non-compliance with obligations under two transnational criminal law treaties in particular: the United Nations Convention against Transnational Organized Crime and the United Nations Convention against Corruption. Transnational criminal law treaties have been overlooked in the existing literature on community interest norms, even though states parties have a common interest in ensuring compliance with the obligations assumed under these instruments, and the treaties have the potential, at least in theory, to give rise to public interest litigation. International courts and tribunals, as well as scholars, can and ought to engage in deeper analyses of what constitutes an obligation erga omnes partes under a multilateral treaty.