In recent years, States have begun to discuss and assess whether and when they may cooperate in the taking of countermeasures. The question has arisen most prominently in debates about the application of international law to cyber operations in light of the fact that cyber-capabilities vary significantly among States, making some more vulnerable to malicious cyber-operations, as well as less capable of responding to them. The idea has been championed by Estonia, perhaps understandably given its own experience as the victim of a severe cyber-attack. It has been supported by other States too. For instance, Canada’s recent statement on the application of international law to cyberspace proposes that ‘assistance can be provided on request of an injured State, for example where the injured State does not possess all the technical or legal expertise to respond to internationally wrongful cyber acts’. Collaboration among States on cyber security is common (see e.g. here and here), and its forms vary. In May of this year, Jeff Kosseff discussed an example of some…
Sanctions
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Targeted Sanctions – Enforcing International Norms Through the Backdoor?
Introduction On 10 April 2024, the EU General Court annulled the inclusion of Petr Aven and Mikhail Fridman in the list of persons subject to restrictive measures. The Court failed to establish causality and did not find sufficient evidence linking these individuals to the acts undermining territorial integrity of Ukraine. This…
Immobilised Assets, Extraordinary Profits: The EU Council Decision on Russia’s Central Bank Reserves and Its Legal Challenges
On 28 February 2024, the President of the European Commission, Ursula von der Leyen, announced that ‘it is time to start a conversation about using the windfall profits of frozen Russian assets to jointly purchase military equipment for Ukraine’. This statement comes on the heels of a decision adopted by the Council of the European Union (EU)…
Collateralising Russia’s Frozen Currency Reserves: A Creative Solution, Playing for Time, or Both?
The past several weeks have seen a new-ish development in the ongoing saga concerning the fate of the Central Bank of Russia’s (CBR) frozen foreign currency reserves. According to the Financial Times, the G7’s discussions have shifted towards issuing bonds backed by CBR assets for Ukraine’s benefit. Two unnamed officials cited by the FT described…
Caught in a Geopolitical Crossfire: Questioning the Legality of US-Imposed Export Controls on Dutch Computer Chip Machines
For years now, the US has lobbied with the Dutch government to institute controls on the export to China of chipmaking machines produced by ASML, Europe’s most valuable tech company. In 2019, Washington effectively pushed the Netherlands to prevent the export of one of ASML’s most advanced “Extreme Ultraviolet” (EUV) lithography machines to China. And…