International Law and Domestic Law

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Politicization of the 5G rollout: Litigation way for Huawei?

The Chinese government’s ambition to become the global leader in new technologies, manifested in state-led industrial policies such as Made in China 2025, has prompted a strong response. For example, the United States significantly tightened its export control regulations and expanded grounds for foreign direct investment screening. In turn, the European Union (EU) has been pursuing the policy of technological sovereignty, an integral part of Ursula von der Leyen’s political guidelines for 2019-2024. This growing antagonism between the countries racing for technological superiority, labelled as a “technological de-coupling”, coincided in time with the rollout of the 5G infrastructure, surrounded by controversy over the involvement of Chinese tech companies in the process. In this blog, we capture the politicization of the 5G rollout reflected in the ongoing resistance to the participation of the Chinese technology giant Huawei Technologies Co., Ltd. (Huawei) in the 5G projects. To tackle this issue, we will shed some light on the 5G…

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Possible Implications of the Dutch MH17 Judgment for the Netherlands’ Inter-State Case before the ECtHR

On 17 July 2014, Malaysia Airlines flight 17 (MH17) from Amsterdam to Kuala Lumpur was shot down above eastern Ukraine, resulting in the death of all 298 persons on board. Eight years later, the victims’ next of kin as well as their respective governments are pursuing multiple avenues to achieve justice and accountability and establish…

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The MH17 Judgment: An Interesting Take on the Nature of the Armed Conflict in Eastern Ukraine

On 17 November 2022, some eight years after Malaysia Airlines Flight 17 (‘MH17’) was shot down in eastern Ukraine, the Hague District Court delivered a verdict against the four accused in the MH17 Trial: Igor Girkin, Sergey Dubinskiy, Leonid Kharchenko and Oleg Pulatov. The first three were found guilty of the charged crimes – viz.,…

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Civil liability for violations of IHL: are the US and UK moving in opposite directions?

On 25 August 2022 the US Department of Defense published its Civilian Harm Mitigation and Response Action Plan (CHMR-AP), outlining a major three-year programme of institutional change in how the US deals with civilian harm occasioned by military operations. The plan was ordered by Secretary of Defense Lloyd Austin in January following the release of…

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Equatorial Guinea v. France (No. 2): A First Attempt at International Litigation on Stolen Asset Recovery

On 29 September 2022, Equatorial Guinea instituted proceedings against France before the International Court of Justice. In its application, Equatorial Guinea alleges that France is failing to comply with its asset recovery obligations under the 2003 United Nations Convention against Corruption (UNCAC). This case represents yet another legal twist in a long-running saga concerning the misappropriation…

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