Ukraine

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Self-sanctioning Russia

Private Supplements to Public Regulation Commercial actors around the world are reacting to Russia’s invasion of Ukraine by voluntarily reducing their exposure to Russia-connected trades. Although the economic sanctions imposed by the EU, UK, US, Japan, and other major powers have been rapid and sweeping, the deliberate choice by the business community to willingly de-couple from Russia-linked transactions has further amplified the force of the collective response. As sanctioning authorities bar a range of private sector activities with a Russia nexus, commercial entities have mobilized to wind down operations, cancel projects, divert resources, and re-calibrate risk mitigation and due diligence processes in efforts to stay in sanctions compliance. But parallel to these compliance initiatives, businesses have also voluntarily distanced themselves from the Russian economy, even in sectors outside the scope of the sanctions. These “self-sanctions” or “moral sanctions” reflect an advancing dynamic in economic warfare. Not only are sovereign states and supranational organizations designing and implementing economic measures to punish and deter Russian aggression, private actors, too, are adding layers of…

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The United States and Allies Sharing Intelligence with Ukraine

A remarkable feature of the ongoing Russo-Ukrainian conflict is the strategic and tactical role played by the sharing of intelligence between the US (and other Western allies) and Ukraine. That intelligence sharing started even before the war, in support of claims made publicly and privately about an imminent Russian attack against Ukraine (on which see more…

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Generous, but Equal Treatment? Anti-Discrimination Duties of States Hosting Refugees Fleeing Ukraine

More than 5 million refugees have recently fled Ukraine, the fastest-growing mass displacement in this century. About a quarter of Ukraine’s population and half of its children have fled their homes. The European Union (EU) responded with a first-time activation of the Temporary Protection Directive (TPD). Lurking behind tremendous generosity, States have treated…

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The Rhetoric of ‘Denazification’ of Ukraine from the Perspective of the Law of Occupation

From the onset of the illegal (see, e.g., Milanovic, Wilmshurst, Spagnolo, Roscini, Green/Henderson/Ruys) invasion of Ukraine in February 2022 by Russia, Russian officials, and in particular, President Vladimir Putin, have employed the word ‘denazification’ as one of the aims of the invasion (or ‘special military operation’, in the Orwellian language employed by…

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Is There a Legal Duty to Cooperate in Implementing Western Sanctions on Russia?

Following Russia’s invasion of Ukraine, the United States, Europe and other allies imposed sanctions on Russia for violating the prohibition against the use of force, a peremptory norm owed to the international community as a whole. While the ability of these sanctions per se to put a swift end to Russia’s invasion has been doubted (see…

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