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Neutral arms transfers and the Russian invasion of Ukraine

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Identifiers
https://hdl.handle.net/10379/18520
https://doi.org/10.13025/29314
Repository DOI
https://doi.org/10.1017/S0020589323000064
Publication Date
2023-03-07
Keywords
law of neutrality, Russian invasion of Ukraine, arms transfers, qualified neutrality, State responsibility, countermeasures
Type
journal article
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Citation
Clancy, Pearce. (2023). Neutral arms transfers and the Russian invasion of Ukraine. International and Comparative Law Quarterly, 72(2), 527-543. https://doi.org/10.1017/S0020589323000064
Abstract
Since the beginning of the Russian invasion of Ukraine in February 2022, numerous Western States have supplied Ukraine with arms, munitions and war material, in ostensible breach of their obligations as neutral, non-participating States. States have failed to provide any legal explanation for such transfers, leaving the task to scholars and commentators to provide legal argumentation as to the compatibility of arms transfers to victims of aggression with neutral duties. This article analyses and seeks to evaluate these arguments in favour of ‘qualified neutrality’ and assess which of the proposed grounds, if any, are the most compelling.
Funder
Irish Research Council & NUI EJ Phelan Fellowship in International Law
Publisher
Cambridge University Press
Publisher DOI
Rights
Attribution-NonCommercial 4.0 International
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Collections
School of Law (Scholarly Articles)