Arms Control

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Appealing the High Court’s Judgment in the Public Law Challenge against UK Arms Export Licenses to Saudi Arabia

In May of this year, the Court of Appeal granted leave to appeal the 2017 High Court ruling in Campaign Against the Arms Trade v Secretary of State for International Trade. The case and the High Court’s 2017 judgment have already received some commentary (see here). Simply put, the case concerns a public law challenge against the government’s continued approval of licenses for arms exports to Saudi Arabia, on the grounds, inter alia, that the Secretary of State’s conclusion that there is not a ‘clear risk that the items might be used in the commission of a serious violation of international humanitarian law’, in the context of the Saudi-led coalition in Yemen, was irrational (criterion 2(c) of the Consolidated Criteria set out in European Council Common Position 2008/944/CFSP and adopted by the Secretary of State as the policy to be followed in granting or refusing export licenses). The High Court found against the Campaign Against the Arms Trade, concluding that the determinations made by the Secretary of State permitting continued export of…

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What on Earth is Happening to Space Law?

In 2015 and 2017, respectively, the United States of America and Luxembourg enacted bills granting property rights on resources collected in outer space. The potential beneficiaries of these laws are hi-tech companies investing in the exploration and exploitation of space resources. Even though robotized mining of precious metals, rare earths and other raw materials on the Moon or on…

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Customary International Law and the Addition of New War Crimes to the Statute of the ICC

In addition to the activation of the International Criminal Court’s jurisdiction over the crime of aggression (see previous post), the recently concluded Assembly of States Parties (ASP) to the Statute of the ICC, also adopted three amendments adding to the list of war crimes within the jurisdiction of…

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A “Compliance-Based” Approach to Autonomous Weapon Systems

A Group of Governmental Experts (GGE) on the topic of Lethal Autonomous Weapons (LAWS) concluded its first meeting in Geneva on 17 November 2017. The meeting was held under the auspices of the Convention on Certain Conventional Weapons (CCW) and built upon on three informal meetings of experts held between 2014 and 2016 (for reports…

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The Relationship of the 2017 Treaty on the Prohibition of Nuclear Weapons with other Agreements: Ambiguity, Complementarity, or Conflict?

As discussed in Dan Joyner’s recent blog entry, the Treaty on the Prohibition of Nuclear Weapons was adopted by 122 States at a United Nations diplomatic conference in New York on 7 July 2017. Article 18 of the Treaty addresses its “relationship with other agreements”. There is, though, an ongoing debate as to the implications of this…

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