International Law and Domestic Law

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

February 10, 2023

Iryna Bogdanova

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…

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

December 12, 2022

Joëlle Trampert

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…

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

December 7, 2022

Lachezar Yanev

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.,…

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

October 28, 2022

Mark Lattimer

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…

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

October 18, 2022

Cecily Rose

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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The Julian Assange Affair: May the UK Terminate the Diplomatic Status of Ecuador’s Embassy? UPDATED

August 17, 2012

Dapo Akande

Ecuador has announced that it is granting asylum to Julian Assange, the Wikileaks founder, who has taken refuge in the Ecuardor's embassy in London. Assange sought refuge in the Embassy after the UK Supreme Court ruled a few weeks ago that he may be extradited to Sweden where he is wanted for trial on allegation of committing…

UK Supreme Court Decides R (Smith) v SSD

June 30, 2010

Marko Milanovic

Today the UK Supreme Court decided R (Smith) v Secretary of State for Defence [2010] UKSC 29 (press summary), yet another fascinating addition to the unfolding saga on the extraterritorial application of human rights treaties. The plaintiff was the mother of a UK soldier stationed in Iraq who died there from a severe heatstroke. She demanded an inquiry…

Is there a place for sovereign immunity in the fight against terrorism? The US Supreme Court says ‘no’ in Bank Markazi v. Peterson

May 19, 2016

Victor Grandaubert

The US Supreme Court’s judgment of 20 April 2016 in the case of Bank Markazi, aka The Central Bank of Iran, Petitioner v. Deborah Peterson, et al. highlights the increasingly isolated nature of US practice on sovereign immunity. As well as addressing issues of constitutional law, the judgment is also significant from an international law perspective; the…

International Law in the Age of Trump

February 28, 2017

Monica Hakimi

In the second month of Donald Trump’s presidency, we still know little about his foreign policy agenda. He regularly said things during the campaign that suggested a radical departure from longstanding tenets of U.S. foreign policy. And during his first month in office, he caused more than his fair share of diplomatic offense and confusion.