ABSTRACT

This chapter offers a tour d’horizon of international jurisprudence on the Monetary Gold principle and investigates the extent to which it might arise in disputes involving public interests. It first sketches instances where breaches of erga omnes obligations may give rise to the application of this principle and finds that those instances are limited to when the respondent state has breached such obligations through joint conduct with a non-party to the proceedings. Beyond this, the chapter illustrates how different international courts and tribunals have framed the scope of Monetary Gold principle and considers to what extent systemic modalities of access and jurisdiction may affect its application.