La tutela degli interessi collettivi nell'ordinanza sulle misure provvisorie nel caso Gambia c. Myanmar

The order on provisional measures issued by the International Court of Justice (ICJ) in The Gambia v. Myanmar case offers the opportunity for a comparison of the approaches of the ICJ and the International Law Commission (ILC) as regards the protection of collective interests in international law. This comment focuses on the following aspects: (a) the characterization of the legal position corresponding to a collective obligation; (b) the standing to initiate proceedings in the ICJ in disputes concerning violations of collective obligations; (c) the remedies that the omnes, i.e., the members of the collectivity to whom the obligation breached is due, are entitled to use. The analysis shows some discrepancies between the approach of the ICJ and that of the ILC. This proves that, despite considerable progress in recent times, the legal regime of collective obligations remains unclear and several issues still deserve close scrutiny.