Arms Control

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An International Law Assessment of the Collective Self-defence Clause of the 2021 Treaty on the ‘Establishment of Strategic Partnership of Cooperation in Matters of Defence and Security’ between Greece and France

On 28 September 2021 France and Greece concluded a bilateral treaty on the ‘Establishment of Strategic Partnership of Cooperation in Matters of Defence and Security’ (see the Greek and French version here. The Treaty has not been translated yet into English). The Treaty is premised on a community of interests in matters of foreign policy, defence, and security between France and Greece, which is materialized through consultation, cooperation, and assistance. In this post, we will consider, first, whether the collective self-defence clause in Article 2 of the Treaty is compatible with Article 51 of the UN Charter and the customary law of self-defence and, secondly, whether it is compatible with the North Atlantic Treaty (NAT) since both parties to the Treaty - France and Greece - are members of the UN and NATO.

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Complicity in war crimes through (legal) arms supplies?

  German and other corporations whose arms were used in the war in Yemen have been accused of criminally assisting war crimes. The Berlin-based NGO European Center for Constitutional and Human Rights (ECCHR) filed a complaint (a “communication”) to the International Criminal Court (ICC) making this claim with regard to a series of multinational arms companies. But…

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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…

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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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