State Responsibility

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Appeals Judgment in Case concerning the Shipment from the Netherlands of Parts for F-35 Fighter Aircraft to Israel

Introduction On 12 February, the Appeals Court of the Hague in the Netherlands handed down its judgment in a case concerning the shipment of U.S. owned spare parts for F-35 fighter aircraft from a warehouse in the Netherlands to Israel (see here, only available in Dutch). The Court of Appeal held that the Netherlands must take adequate measures within a week to stop the further shipment of F-35 parts to Israel. The judgment resulted from an appeal lodged against the judgment of 15 December 2023 of the district court of the Hague in summary proceedings (see here, only available in Dutch). This blog post discusses the background to the appeals judgment, the judgment itself, and highlights some of the key issues and implications of the judgment. Background to the shipment of F-35 parts, applicable law and the judgment at first instance The Netherlands and Israel are both participants in the F-35 programme. One of the regional logistic ‘hubs’ established as part of…

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Cossacks, Pussy Riot, and the Attribution of Conduct: A Comment on Verzilov v. Russia

On 29 August, a Chamber of the European Court of Human Rights delivered its judgment in Verzilov and others v. Russia (no. 25276/15). This is the second case before the Court to concern the Russian feminist punk band Pussy Riot, after Mariya Alekhina and Others v. Russia (no. 38004/12). Verzilov concerned an incident during the…

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Sanctions Imposed on Private Investors by the US and the UK in the Russian-Ukrainian Conflict: Justifiable as Countermeasures in the Law of International Responsibility?

Scenario and Problems The conflict between Russia and Ukraine continued to elicit international reactions from States beyond the pair at the epicentre of concern. Just a few months ago, the Secretary of State of the United States issued a press statement, announcing sanctions on USM Holdings owned by the Russian…

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A Few Reflections on State Responsibility or Liability for Environmental Harm

A lot has been written on the subject of State responsibility / liability for environmental harm. However, in the recent years, the debate has not been as robust as immediately after the rendering of the Judgment of the International Court of Justice in Certain Activities Carried Out By Nicaragua In the Border Area (Costa Rica v. Nicaragua) Compensation…

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Skies, Spies, and Scientific Surveys – The Legal Aspects of Chinese Unmanned Balloon Flight Over American Territory

Earlier this month, the US shot down an aerial object which had been seen traversing through parts of Alaska, Idaho, and Missouri. The Biden Administration claims that the object was an unmanned high-altitude surveillance balloon deployed by the PRC as ‘part of a larger Chinese surveillance-balloon program’. The PRC’s…

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