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The Kerch Strait Incident: Law of the Sea or Law of Naval Warfare?

On Sunday 25 November 2018 Russian coast guard patrol boats, including the Don and the 630-ton Izumrud, first intercepted and later fired on three Ukrainian naval ships…

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Un-caging the Bear? A Case Study in Cyber Opinio Juris and Unintended Consequences

On October 4, the United Kingdom’s National Cyber Security Centre (NCSC), a division of the GCHQ, issued a news release attributing multiple cyber campaigns to Russia’s military…

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Ukrainian Eurobonds and Russia’s Compliance with International Law: Matters Suitable for Summary Judgment in the English Courts?

In mid-September the Court of Appeal of England and Wales handed down its judgment in Ukraine v The Law Debenture Trust Corporation P.L.C. (‘Ukraine v Law Debenture’),…

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Can Intergovernmental Commerce in Human Organs be Legal?

States prefer when their national legislations conform with international law. However, assessing conformity can sometimes be complicated. One may think of a situation where national legislation mandates doing…

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The Netherlands and Australia Attribute the Downing of MH17 to Russia

Yesterday the international Joint Investigating Team (JIT)  published its conclusion that the missile which destroyed the MH17 airliner over eastern Ukraine was fired by a…

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Crimea Investment Disputes: are jurisdictional hurdles being overcome too easily?

In February-March 2014, Crimea experienced what is here neutrally referred to as a ‘change of effective sovereign’ (as conceded by Ukraine itself). Subsequent events have given rise to…

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Gravity of the Past: Polish-Ukrainian Memory War and Freedom of Speech

There is a power to the words ‘I remember’: the power of an event long past, exerting itself upon the present […] When the words begin a…

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(Non-)Recognition of De Facto Regimes in Case Law of the European Court of Human Rights: Implications for Cases Involving Crimea and Eastern Ukraine

In an increasing number of cases, the European Court of Human Rights (‘ECtHR’, ‘the Court’) has been dealing with the question of the application of the European Convention…

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Twenty Years of the ECHR in Ukraine

Twenty years ago, in September 1997, the European Convention on Human Rights (ECHR) entered into force for Ukraine. By ratifying the Convention, Ukraine recognised the compulsory jurisdiction of…

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Is Ukraine a “Stranger” to the EU? OPAL Case

In their recent contribution to the Global Trust Working Paper Series, Professor Eyal Benvenisti and Dr. Sivan Shlomo Agon raise one conspicuous, though rarely asked, question…

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