General Principles of International Law

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Offsetting Inter-State Debt in International Law

Since the immobilization of Russian Central Bank (RCB) assets across multiple jurisdictions in response to Russia’s aggression against Ukraine, officials and commentators have debated the legal permissibility as well as the political and economic wisdom of using those assets to fund Ukraine’s defense and reconstruction. While the EU has agreed to issue a loan to Ukraine backed by the EU budget, the debate over the use of the RCB assets has not been resolved. As the President of the European Council stated, the Union ‘reserves its right to make use of the immobilised assets to repay this loan.’…

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Anchoring Criminal Jurisdiction at Sea: The Helsinki District Court’s Eagle S Judgement and its impact for the protection of submarine cables and pipelines

The Eagle S incident – a refresher On Christmas Day 2024, the Estlink 2 electricity cable connecting Finland and Estonia was cut by the Eagle S, an oil tanker sailing under the flag of the Cook Islands and linked to the Russian ‘shadow fleet’ (the vessel was later added to the EU’s list of sanctioned…

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A State consent dilemma in the current work of the International Law Commission on the theory of sources

The International Law Commission (ILC) has published its advance report on the work completed during its 76th session this May. This post focuses on progress in two topics related to the theory of sources: the second reading of conclusions on general principles of law, and the first reading of conclusions on subsidiary means for the determination of…

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Trial in Absentia Under the Bangladesh International Crimes (Tribunals) Act 1973

Introduction Following mass student protests and a violent crackdown that killed at least 1,400 people, Sheikh Hasina’s 15-year authoritarian rule as Prime Minister of Bangladesh ended on 5 August 2024 (here, here, here). Amid unprecedented public outrage, she fled to India, and an interim Government led by Nobel Laureate Dr Muhammad Yunus…

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A general obligation of due diligence in international law?

Recently, arguments have emerged that a universal source exists from which it is automatically possible to derive binding due diligence obligations for states in relation to all forms of activities. Specifically, these claims contend that international law imposes a general obligation on states to act with due diligence to prevent their territory being used for activity which harms…

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