State Responsibility

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COVID-19 and Defences in the Law of State Responsibility: Part II

In our previous post, we considered whether States could rely on the plea of force majeure in respect of non-performance of international obligations connected to their efforts to contain the COVID-19. We concluded that force majeure might not provide a defence to States since their measures in addressing the spread of the virus were voluntary measures. In this post, we consider whether States could rely on the pleas of necessity or distress in the same circumstances.

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COVID-19 and Defences in the Law of State Responsibility: Part I

As at 16 March 2020, there were nearly 165.000 confirmed cases of COVID-19, and 6.470 deaths in 146 countries or territories. The outbreak was declared a Public Health Emergency of International Concern by the Director-General of the WHO on 30 January 2020 which, according to the 2005 International Health Regulations, is an ‘extraordinary event’ which,…

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Living in the Shadow of Flawed Peace: How General International Law Is Implicated in the Trade War between Japan and South Korea

As the anniversary of V-J Day approaches, the legacy of World War II still casts a long shadow on its previous Pacific theatre.  Last month, an unprecedented quadripartite incident involving warplanes from, inter alia, Japan and South Korea played out in the territorial airspace of the contested Dokdo/Takeshima islands, disputed territory that was left unresolved in the…

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A Disappointing End of the Road for the Mothers of Srebrenica Litigation in the Netherlands

On Friday, the Dutch Supreme Court issued its final decision in the Mothers of Srebrenica litigation regarding the acts and omissions of the Dutch battalion (Dutchbat) of U.N. peacekeepers at Srebrenica in July 1995 (English translation). I’ve written previously on these pages about a pair of earlier, narrower cases (Nuhanović and Mustafić-Mujić) related to the Netherlands’ responsibility…

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Deep Seabed Mining in the Area: is international investment law relevant?

The last decade has seen a renewed interest in the commercial exploitation of deep seabed minerals located beyond national jurisdiction. However, the respective responsibilities of deep sea miners and of their sponsoring states in this process have not been clarified fully. This short piece argues that international investment law is part of the legal framework applicable…

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