State Responsibility

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A Few Reflections on State Responsibility or Liability for Environmental Harm

March 8, 2023

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 Owed By The Republic Of Nicaragua To The Republic Of Costa Rica  (Diane Desierto,  ‘Environment: The ICJ Compensation Judgment in Costa Rica v. Nicaragua and the IACtHR Advisory Opinion on Marine Protection for the Greater Caribbean’, EJIL: Talk!). The debate concerning State responsibility / liability for environmental damage, although without doubt very scholarly, seems to me has been somewhat conducted in a piecemeal fashion, without a holistic, all -inclusive approach, which would consider the type and structure of international environmental law norms (how their special features and characteristics influence State responsibility / liability). In my view, further consideration should be given of the role and the added value of the 2001 ILC Draft Articles on…

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

March 6, 2023

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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There wasn’t before, and now there even more definitely isn’t, any legal barrier to providing cross-border humanitarian assistance in northwest Syria

February 13, 2023

For three long days following last week’s earthquake in Southern Türkiye, thousands of people in northwest Syria lay trapped under rubble, with no help from the UN. The road through Türkiye to the border crossing between southern Türkiye and northwest Syria, Bab al-Hawa, was damaged. Although, to quote the International Crisis Group’s Syria Analyst Dareen Khalifa,…

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Three Posts on Articles of War on Current IHL Issues Regarding Russia and Ukraine

October 21, 2022

This is just a brief post to flag for readers who might be interested a series of essays that Mike Schmitt and I have done over on Articles of War, dealing with some of the most pressing issues of international humanitarian law arising in the Russia/Ukraine conflict over the past couple of weeks. First,…

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Who Has Effective Control in Azerbaijan’s Karabakh Region?

July 4, 2022

Following the so-called “44-Day War” between Armenia and Azerbaijan in late 2020, the conflicting parties continue several legal battles before the International Court of Justice (ICJ) and the European Court of Human Rights (ECtHR), alleging various violations of international law. The war saw Azerbaijan liberate a significant part of its territories under Armenia’s three-decade-long occupation,…

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