Le misure di riparazione dell'illecito a favore dei beneficiari degli obblighi violati diversi dallo Stato leso

This paper analyses the legal implications and practice related to Article 48, paragraph 2, of the Articles on the Responsibility of States for Internationally Wrongful Acts, according to which States, in front of violations of erga omnes obligations, may claim from the responsible State cessation of the internationally wrongful act, assurances and guarantees of non-repetition, and the performance of the obligation of reparation in the interest of the beneficiaries of the obligation breached. This solution, introduced by the International Law Commission when adopting the Draft Articles on second reading, raises a series of legal issues not yet fully solved by current practice and academic debate. In particular, the paper explores the invocation of this provision by States in a series of litigations, the position of States whose citizens have suffered from violations of provisions establishing erga omnes obligations and a series of challenges related to the possible implementation of Article 48, paragraph 2.