State Responsibility

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Beyond COP26: Time for an Advisory Opinion on Climate Change?

The recent Glasgow Climate Change Conference (COP26) provided a stark reminder of the gap between states’ planned greenhouse emission reductions and the global temperature goal enshrined in the Paris Agreement. The conference also dramatically showcased once more the plight of vulnerable nations faced with the devastating impacts of rising sea levels and extreme weather events. In almost three decades, international climate change law – as enshrined in the 1992 United Nations Framework Convention on Climate Change, the 1997 Kyoto Protocol and the 2015 Paris Agreement – struggled to deliver convincing solutions to either problem. As the impacts of climate change become increasingly apparent, addressing these glaring gaps in international cooperation is more urgent than ever. In 2019, Desierto called upon ‘the invisible college of international lawyers’ to devote more efforts ‘towards reviving the blunt edge’ of litigation, adjudication, and arbitration, in order to help tackle the climate emergency. Over the years, there has been much speculation on the possibility to resort to international courts’ contentious or advisory jurisdiction,…

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The Role of the Right to Health in a “Hidden” Pandemic: Antimicrobial Resistance

Last week, UK health officials declared that a "hidden pandemic" of antibiotic-resistant infections could soon threaten human health and lives. More cold symptoms are expected this winter, due to an increase in social mixing, but the UK Health Security Agency warn against premature and inadequate use of antibiotics. However, this menace is not new and not…

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The International Law of Intelligence Sharing in Multinational Military Operations: Concluding Thoughts

Having canvassed the various conceptual questions of state complicity in the prior posts in the series, we can now return to the two basic intelligence sharing scenarios I outlined in my first post – the sharing of intelligence facilitating a wrongful act, and the receipt of intelligence that was unlawfully collected and/or shared. In both scenarios the causal…

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The International Law of Intelligence Sharing in Multinational Military Operations: State Fault in Complicity

In my previous post in the series I explained how the fault element of state complicity rules is the single most important determinant of the scope of these rules, in the intelligence sharing context or otherwise. In this post I will elaborate on the different possible modes of fault, starting with the question of how fault…

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The International Law of Intelligence Sharing in Multinational Military Operations: Framing Complicity

In my first post in the series I explained how intelligence sharing can be contrary to international law either because it transgresses a rule that directly prohibits the sharing of intelligence as such, or because of complicity in a partner’s wrongful act. Let us now start examining the problems of complicity in more…

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