| 释义 |
actio popularis
(actio communis) [Latin: action of the people] In public international law, an action brought to vindicate an interest that is of general importance to the international community, as distinct from an interest vested more particularly in the state that wishes to institute proceedings. The International Court of Justice has held that a right of actio popularis “is not known to international law as it stands at present” (South West Africa Cases: Ethiopia and Liberia v South Africa (Second Phase) ICJ Reports (1966)): proceedings in defence of legal rights or interests require those rights or interests to be clearly vested in those who claim them, even though it is not necessary to show that the claimant state would suffer direct material injury by any abrogation. Although the notion of actio popularis is in some respects associated with that of erga omnes obligations, the two are distinct and (to the extent that they are accepted) each may exist independently of the other. |