FID Recht - Völkerrecht / Recht der internationalen Organisationen

Beyond ICSID? Non-ICSID Arbitration and the International Investment Disputes Governance Under the Belt and Road Initiative

2026-09-23T12:11:43+00:00

Chinese Journal of Transnational Law, Ahead of Print.
Contemporary debates on Investor-State Dispute Settlement (ISDS) increasingly reflect concerns about the legitimacy crisis of investment arbitration and the fragmentation of international economic governance. Although significant progress has been made in ...

The Evolution of Human Rights Law in the Context of Climate Change

2026-09-12T00:00:00+00:00

Abstract

Climate change has become a global concern, yet the international community has struggled to establish a unified and enforceable legal framework in the face of diverging national interests. The current international climate legal regime remains predominantly anchored in voluntary Nationally Determined Contributions, a mechanism that has incurred criticism for its lack of binding commitments. In this context, human rights law has surfaced as a viable pathway to bridge these gaps, owing to its inherent legitimacy and binding force. However, its traditional scope of application proves insufficient in addressing the complexities of climate change. This shortfall has prompted a redefinition of rights to integrate environmental considerations and an expansion of State obligations both spatially and temporally within human rights discourse. This article seeks to elucidate how human rights jurisprudence has evolved to accommodate the demands of climate governance, and to what extent these evolutionary shifts align with lex lata (existing law). It is submitted that the evolution of the normative content of rights and the spatial expansion of State obligations are more legitimate and tangible than the temporal expansion of State obligations in the context of climate change.

Chinese State-Owned Enterprises in Latin America. The State-owned Assets Supervision and Administration Commission and State Grid's Acquisition of Chilquinta in Chile

2026-08-27T02:49:31+00:00

Chinese Journal of Transnational Law, Ahead of Print.
This paper examines the acquisition ofChilquinta Distribución S.A.in Chile by State Grid International Development Limited in 2020, a Chinese state-owned enterprise (SOE)—subsidiary of State Grid Corporation of China (SGCC)—and supervised by the State-...

Tras las Huellas de la Igualdad: El Rol Crucial de los Derechos Humanos en el Desarrollo de la Infancia

2026-08-26T00:00:00+00:00

Se propone la reflexión sobre el fenómeno de la desigualdad y la exclusión social, postulando que estas son una consecuencia directa de la inadecuada promoción y establecimiento de los Derechos Humanos en diversas sociedades en el mundo. La falta de su aplicación afecta de manera sustancial el desarrollo de las infancias, y la protección de estas, toda vez que las oportunidades y alternativas a las que están expuestos los niños y niñas son altamente disímiles. Por esta razón se plantea la necesidad imperiosa de preservar y difundir eficazmente los Derechos Humanos de manera efectiva en todos los estratos sociales, sin ningún tipo de discriminación o arbitrariedad. Jurídicamente, esto es esencial para transformar la base sobre la que se cimienta la niñez, permitiéndoles acceder a mejor educación, salud, vivienda, mejores oportunidades y alternativas para su desarrollo pleno a lo largo de la vida lo que, a la larga, nos llevaría a tener sociedad más equitativas y justas.

Reseña de Porras, Laila. 2025. Palestina/Israel. Una mirada a la historia. Penguin Random House.

2026-08-26T00:00:00+00:00

Reseña de Porras, Laila. 2025. Palestina/Israel. Una mirada a la historia. Penguin Random House.

Reflexiones en torno al derecho internacional y su relación con los desafíos de la crisis climática:

2026-08-26T00:00:00+00:00

La “triple crisis” ambiental -cambio climático, contaminación y pérdida de biodiversidad- ha puesto de manifiesto la necesidad de establecer una estrategia jurídica internacional con el fin de precisar las obligaciones de los Estados frente a este fenómeno global. En el presente análisis se examinan comparativamente tres opiniones consultivas emitidas por el Tribunal Internacional del Derecho del Mar, la Corte Internacional de Justicia y la Corte Interamericana de Derechos Humanos. Asimismo, se reflexiona sobre cómo las tensiones estructurales en la implementación de las obligaciones de los Estados sucumben ante factores como desigualdades económicas y estructurales entre Estados.

End of Immunity: Holding World Leaders Accountable for Aggression, Genocide, War Crimes, and Crimes against Humanity 120 Am. J. Int'l L. 608 (2026)

2026-08-26T22:05:15+00:00

Recent Books on International Law: Book Reviews

120 Am. J. Int'l L. [ii] (2026)

2026-08-26T22:05:14+00:00

Issue 3

The United States, China, and the OECD-UN Rivalry: Asymmetric Regime Complexity in Global Tax Governance 120 Am. J. Int'l L. 445 (2026)

2026-08-26T22:05:14+00:00

Non-Discrimination as Discrimination: The MFN Obligation and International Trade Law 120 Am. J. Int'l L. 492 (2026)

2026-08-26T22:05:14+00:00

United States - Certain Tax Credits under the Inflation Reduction Act. Panel Report. WT/DS623/R 120 Am. J. Int'l L. 543 (2026)

2026-08-26T22:05:14+00:00

International Decisions

Hellenic Council of State, Decision A, No. 1918-20/2025 120 Am. J. Int'l L. 550 (2026)

2026-08-26T22:05:14+00:00

International Decisions

The United States Takes an a la Carte Approach to the United Nations 120 Am. J. Int'l L. 559 (2026)

2026-08-26T22:05:14+00:00

Contemporary Practice of the United States Relating to International Law: International Organization...

President Trump Launches the Board of Peace 120 Am. J. Int'l L. 564 (2026)

2026-08-26T22:05:14+00:00

Contemporary Practice of the United States Relating to International Law: International Organization...

The United States and the OECD/G20 Inclusive Framework Agree on a "Side-by-Side" Arrangement Exempting U.S. Multinationals from the Global Minimum Tax Regime 120 Am. J. Int'l L. 570 (2026)

2026-08-26T22:05:14+00:00

Contemporary Practice of the United States Relating to International Law: International Economic Law

President Trump Demands That Denmark Sell Greenland to the United States, Threatening to Take It by Force 120 Am. J. Int'l L. 574 (2026)

2026-08-26T22:05:14+00:00

Contemporary Practice of the United States Relating to International Law: Use of Force, Arms Control, and Non-Proliferation

State Responsibility as Myth and Legend 120 Am. J. Int'l L. 583 (2026)

2026-08-26T22:05:14+00:00

Recent Books on International Law: Review Essay

International Organization Initiatives: How and Why Organizations Adapt and Change 120 Am. J. Int'l L. 598 (2026)

2026-08-26T22:05:14+00:00

Recent Books on International Law: Book Reviews

International Legal Theory and the Cognitive Turn 120 Am. J. Int'l L. 605 (2026)

2026-08-26T22:05:14+00:00

Recent Books on International Law: Book Reviews

Svalbard Treaty Model for Celestial Bodies: Reconciling Sovereignty with Global Commons

2026-08-24T00:00:00+00:00

Abstract

Exploitation of the Moon and other celestial bodies may become the primary driver of humanity’s sustainable development in the medium-term future. At the same time, international law applicable to this domain lacks clarity and precision. Legal scholarship posits a binary opposition between the global commons model and the unilateral national regulation model of space resource utilization. This rigid conceptual framework precludes the consensus between States, thus hindering the establishment of a comprehensive legal regime. We propose to abandon narrow interpretations of the key legal terms and urge scholars and policymakers to consider a broader range of potentially helpful legal analogies that could guide the elaboration of the needed legal regime. As a contribution to this cause, we introduce the Svalbard Treaty Model and adapt it to the peculiarities of celestial bodies. This model integrates the concepts of sovereignty and the global commons, proposes novel solutions to unresolved legal problems of celestial bodies governance, and aims to improve the balance of rights and obligations of spacefaring nations.

Celsius 1.5: Reflections on the ICJ’s “Primary Temperature Goal” Under The Paris Agreement

2026-08-20T00:00:00+00:00

Abstract

The International Court of Justice’s finding that 1.5°C has become the primary temperature goal under the Paris Agreement and therefore a factor that defines the content of States parties’ obligations is significant in a number of ways. Formally confined to the four corners of the Paris Agreement, it is poised to achieve a much broader reach by setting the universal normative benchmark for legal relations between and among public and private entities in respect of climate change. The finding was made notwithstanding the fact that, by the Court’s own admission, the 1.5°C threshold is about to be crossed, which suggests that the ‘primary temperature goal’ is a priori unattainable. This essay analyses the Court’s concise reasoning behind the finding and argues that it lacks sufficient textual basis, while the overambitiousness of the formalized 1.5°C target may prove to be an inhibitor, instead of a catalyst, of global mitigation efforts.

Changes in the Regulatory System: China’s New Export Control Law and Reshaped Legal Landscape

2026-08-20T00:00:00+00:00

Abstract

In 2020, China promulgated and implemented Export Control Law (ECL), first of its kind, which attracted widespread attention. The ECL refined existing rules to align with international standards and integrated practices from global export control systems, marking a new chapter in the Chinese export control landscape. In the five years since the implementation of the ECL, China has progressively introduced more export control regulations, further strengthening its legal framework related to export control. The objective and purpose of China’s export control legal system is to safeguard its national security and interests and fulfil its international obligations. The meaning of security and interests has been updated and more comprehensively defined in this new development stage. In terms of export control measures, China has adopted systems such as list-based, end-user, and end-use control systems and compliance systems. In terms of export control management and enforcement penalties, China has adopted “single-department initiated and multi-department collaborated” management mechanisms; and increased enforcement penalties. In general, China’s current export control legal system comprises the previous basic system and innovative features tailored to the specific national conditions. Simultaneously, it has improved flexibility to cope with the challenges brought by the changes in the new global landscape.

The Lumbering Machinery of the Hong Kong Admiralty Court of 1847–1849

2026-08-17T01:42:18+00:00

Chinese Journal of Transnational Law, Volume 3, Issue 2, Page 187-204, September 2026.
British vice-admiralty courts in the colonies were important imperial institutions created to extend the reach of English law across maritime spaces beyond the territorial boundaries. The first Admiralty Court in Hong Kong operated briefly between 1847 ...

The Role of International Law in Reconciling Maritime Interests: China-South Korea’s Yellow Sea Structures Controversy Revisited

2026-08-04T00:00:00+00:00

Editorial: EJIL’s First Policy on the Use of Generative Artificial Intelligence; In This Issue; In This Issue – Reviews

2026-07-20T00:00:00+00:00

Roaming Charges Places with a Soul: Life – It’s Never Black or White

2026-07-07T00:00:00+00:00

We deal in EJIL with the world we live in – often with its worst and most violent pathologies, often with its most promising signs of hope for a better world. But, inevitably, since our vehicle is scholarship, we reify this world. Roaming Charges is designed not just to offer a moment of aesthetic relief but to remind us of the ultimate subject of our scholarly reflections: we alternate between photos of places – the world we live in – and photos of people – who we are, the human condition. We eschew the direct programmatic photograph: people shot up, the ravages of pollution or the latest group photograph of ICJ judges.

The Last Page

2026-06-29T00:00:00+00:00

Sonnet 116: Let Me Not to the Marriage of True MindsLet me not to the marriage of true mindsAdmit impediments; love is not loveWhich alters when it alteration finds,Or bends with the remover to remove.O no, it is an ever-fixèd markThat looks on tempests and is never shaken;It is the star to every wand’ring barkWhose worth’s unknown, although his height be taken.Love’s not time’s fool, though rosy lips and cheeksWithin his bending sickle’s compass come.Love alters not with his brief hours and weeks,But bears it out even to the edge of doom:If this be error and upon me proved,I never writ, nor no man ever loved. William Shakespeare

The Negotiations of the OECD Draft Convention on the Protection of Foreign Property: Unpacking the Early Blueprint of International Investment Agreements

2026-06-16T00:00:00+00:00

Abstract

Two multilateral processes marked the formation and consolidation of modern international investment law: the 1965 ICSID Convention and the 1967 Organisation for Economic Co-operation and Development’s (OECD) Draft Convention on the Protection of Foreign Property. While the former has attracted significant attention, the latter remains largely unexplored despite its influence over bilateral treaties and the literature. This article draws on several archives to unearth the confidential negotiations that led to the 1967 OECD draft. Unlike studies of bilateral investment treaties, the negotiations at the OECD were dominated by the tensions between capital-exporting and capital-importing countries and focused on important legal questions that continue to worry experts and negotiators today, such as the notion of investment, corporate nationality, customary international law, exceptions, the transfer of funds and investor-state dispute settlement (ISDS). The OECD negotiations show the significant role of business groups, the sometimes conflicting interests of capital-exporting states and the main concerns of capital-importing states. The latter were less interested in standards of protection and ISDS, focusing instead on limiting protection to productive investments and demanding the inclusion of investor obligations and a stronger derogations/exceptions clause.

Sede Vacante in Sarajevo? Bosnia and Herzegovina after 30 Years under International Supervision

2026-06-04T00:00:00+00:00

Abstract

This article examines the contested appointment of Christian Schmidt as High Representative for Bosnia and Herzegovina and evaluates the legal claim – advanced most vocally by the Russian Federation – that the post is vacant due to procedural irregularities. Through a systematic examination of state and institutional practice from 1995 to 2021, the article traces the evolving but consistent procedure by which previous High Representatives were designated by the Peace Implementation Council and endorsed by the United Nations Security Council. It argues that this established practice was disrupted in Schmidt’s case, undermining the legal validity of his appointment and casting doubt on the legitimacy of his subsequent actions. By engaging doctrinal questions of authorization, subsequent institutional practice, the formation of procedural customary norms and fiduciary authority, the article contributes to broader debates about the legal frameworks underpinning international interventions and co-governance of territory. With it, it supplies a micro-history of international institutionalism within the niche of state building in the aftermath of conflict. It concludes that the absence of a Council endorsement may leave the Office of the High Representative exposed to legal challenge and further weaken Bosnia and Herzegovina’s constitutional stability amid renewed internal and geopolitical contestation. The crisis, which led Schmidt to announce his resignation in May 2026, represents not merely a procedural dispute but also a deeper reckoning with the limits of international co-administration after 30 years of incomplete state building.

International Law in 2035: Opening Remarks at the 20th ESIL Annual Conference

2026-05-23T00:00:00+00:00

Abstract

In her opening remarks held at the 20th European Society of International Law’s Annual Conference, Heike Krieger creates a scenario of how international law and its scholarly community will have developed by the year 2035. She focuses on possible consequences resulting from the rise of right-wing populist movements and geopolitical shifts. Based on a longue durée perspective, her remarks argue in favour of a reconstruction of the existing international legal order.

Integrating Gender Equality into International Refugee Law: The Contribution of the Court of Justice of the European Union

2026-05-20T00:00:00+00:00

Abstract

This article sheds light on the role played by the Court of Justice of the European Union (CJEU) in clarifying and expanding the scope of European Union (EU) asylum legislation to accommodate gender-related claims. Through an integrated analysis of the Court’s landmark rulings in the cases of Afghan women (A.H. and F.N.), gender equality (K., L.) and women victims of domestic violence (W.S.), the article argues that the CJEU innovates the approach to refugee protection by taking three progressive stances: (i) integrating the concept of systematic discrimination into EU asylum law for the conceptualization of women as a particular social group; (ii) applying the axiological relevance of gender equality for the construction of such a distinct social group; and (iii) easing the procedural requirement for the individualized assessment of women’s claims in refugee status determination procedures. Accordingly, the article pursues a twofold goal. First, it explains that a gender-based reading of refugee law is necessary to fulfil the concept of effective protection mandated by international and European refugee law and that the CJEU has followed this path to strengthen the protection of women in refugee law. Second, it shows that the three judgments make an invaluable contribution to further integrating gender equality and mainstreaming within refugee law.

The Colonial Aftertaste: Algerian Wine, the French Appellation of Origin and the European Sovereignty-Property Complex in International Law

2026-05-18T00:00:00+00:00

Abstract

The French wine laws of the late 19th and early 20th centuries, many of which were internationalized during the interwar and post-World War II eras, have been a vivid manifestation of European ‘state capitalism’ as evolving from the ‘immature’ independence of the economic sphere from the political sphere and the persistence of ethno-national boundaries. French wine laws specifically reacted to the extension of colonial viticulture to Algeria in the post-1848 era, paralleling France’s own state-led transition to agrarian capitalism, followed by the startling rise of Algerian wine that required the French legislature to insulate the metropole’s winemakers from global competition. In parallel, the French government sought the international protection of its wine names, joining hands with other European countries in the post-1945 era to delink the continent’s colonial and migratory past from its post-war trade landscape through international law. Undermining neoclassical economics, these laws revolved around the ‘particularization of the land and the product’, the state’s ‘very visible hand’ in supply and demand and the making of ethno-national imaginaries for that purpose. As such, they present an alternative view of international economic law that does not merely encase ‘global economic integration’ but is also employed against it. This article takes a historical materialist and post-colonial approach to French ‘viticulture protectionism’, zooming in on Algerian wine and the legal transformation of land and labour in the colony, followed by the legislation of the Third and Fourth Republics that influenced European-style ‘geographical indications’ as well as the Agreement on Trade-Related Aspects of Intellectual Property Rights. The article argues that the century-long political interventions in support of national viticulture in Europe should be understood in the context of the distinct configuration of sovereignty and property in state capitalism as it reacts to Anglo-Saxon liberal capitalism and its policy of ‘fair field and no favour’.

On Institutional Restraints and Academic Freedoms: Reflections on Berlin

2026-05-14T00:00:00+00:00

Abstract

This article reflects on the place of institutional neutrality in international legal scholarship at a time of heightened geopolitical conflict, the politicization of universities and increasing demands for institutional voice. Drawing from personal reflections to revisit the 1967 Kalven Report, the article considers neutrality not as dogma or indifference but, rather, as a form of principled restraint aimed at safeguarding academic freedom from the potentially chilling effects of collective institutional speech. While recognizing that absolute neutrality is neither possible nor desirable, it is contended that unrestrained institutional speech risks narrowing the space for scholarly disagreement and undermining pluralism and dissent. The article distinguishes academic freedom from general freedom of expression, framing the former as a collective responsibility to protect spaces for critical inquiry and dissent. While acknowledging the profound ethical tension where silence feels like complicity in moments of global tragedy, the author concludes that institutional reflexivity and restraint remain vital – if imperfect – tools for sustaining academic institutions as open, pluralistic sites for the contestation of ideas.

Anne van Aaken, Pierre d’Argent, Lauri Mälksoo and Johann Justus Vasel (eds). The Oxford Handbook of International Law in Europe

2026-05-12T00:00:00+00:00

van AakenAnned’ArgentPierreMälksooLauriJustus VaselJohann (eds). The Oxford Handbook of International Law in Europe. Oxford: Oxford University Press, 2024. Pp. lxxxi + 915. US$190.00. ISBN: 9780198865315.

Terry D. Gill and Kinga Tibori-Szabo. The Use of Force and the International Legal System

2026-05-05T00:00:00+00:00

GillTerry D.Tibori-SzaboKinga. The Use of Force and the International Legal System. Cambridge: Cambridge University Press, 2023. Pp. xvi + 448. €30.33 (paperback). ISBN: 9781009407359.

Shell and the Creation of International Investment Law, 1957–1968

2026-04-30T00:00:00+00:00

Abstract

This article explores the role that Shell – in particular, through its legal department – played in shaping international investment law from 1957 to 1968. Drawing on a wide range of archival sources, including personal correspondence and governmental archives, it reconstructs Shell’s strategic campaign to protect foreign investments. It does so by analysing the activities of key Shell lawyers such as Lord Hartley Shawcross, John Blair, George Winthrop Haight, Louis Sandberg and Jan Wouter Josephus Jitta. These individuals lobbied governments, drafted treaties and shaped legal precedents to safeguard corporate interests. As a result, the article sheds light on the broader implications of corporate influence on international law, revealing how Shell’s legal strategies contributed to the current system of investor-state dispute resolution, a system, in other words, that cannot be seen in isolation from the interests of the oil industry.

Natalie Jones. Self-Determination as Voice: The Participation of Indigenous Peoples in International Governance

2026-04-22T00:00:00+00:00

JonesNatalie. Self-Determination as Voice: The Participation of Indigenous Peoples in International Governance. Cambridge: Cambridge University Press, 2024. Pp. 362. €105. ISBN: 9781009406314.

Where ‘Falls the Shadow’: The 2025 ESIL Conference in Berlin and the Disciplinary Ambivalences of ‘Reconstructing International Law’

2026-04-16T00:00:00+00:00

Abstract

Reflecting on the theme of reconstructing international law as debated at the annual conference of the European Society of International Law in Berlin in September 2025, this article identifies a sense of liminal ambivalence that pervades the intra-disciplinary narratives of crisis and renewal. It argues that the constellation of reformist proposals and discursive strategies articulated across different conference panels uncovers how the calls for reconstruction do not simply warn against international law’s normative decay but also operate as discursive tools for sustaining its functional relevance. In its engagement with the intrinsic ambivalence of international law’s reconstruction, this contribution also serves as a reminder that the calls for reconstruction are essentially discursive constructs whose contingent production and development reveal much about how selectively the discipline forges its reformist agenda in response to crises.

The Entropy of International Law: Reflections from ESIL Berlin

2026-04-15T00:00:00+00:00

Abstract

This article reflects on the 2025 European Society of International Law’s (ESIL) gathering in Berlin, selectively unpacking significant contributions such as the workshop organized by the ESIL’s Interest Group on International Law and Technology. It ponders the overall state of uncertainty as it affects international law. This condition arises from three primary factors: significant geopolitical shifts; the rapid development of predictive technology and its subsequent disruption of habitual temporal patterns; and, finally, the gradual erosion of human presence from the field of legal reasoning. The general conclusion is that the state of uncertainty has potential to enhance authentic expression in practising and researching international law.

Statehood and International Organization: Rethinking Their Conceptual Relationship with Reference to Customary International Law – A Reply to Orfeas Chasapis Tassinis

2026-04-10T00:00:00+00:00

Abstract

In his article entitled ‘Statehood and International Organization: Rethinking Their Conceptual Relationship with Reference to Customary International Law’, Orfeas Chasapis Tassinis aims to reconceptualize how international organizations relate to the ‘outside world’ with a focus on the applicability and formation of customary international law. This reply challenges his dismissal of some of the established ways of thinking about international organizations, including the use of analogies with states and corporations. The reply argues that those established ways are largely capable of reaching the same results as Chasapis Tassinis’ framework. Although the use of analogies has clear limitations, it can explain why international organizations are bound by customary international law in the same way as states. In fact, by characterizing international organizations in terms of political communities, Chasapis Tassinis’ framework inevitably has an internal focus, which has limited added value in explaining which customary international law applies to them in their external relations. A look behind the corporate veil of international organizations may be necessary to determine how they contribute to the formation of custom. However, by suggesting that the practice of organs composed of member states should only count as state practice, the article risks undermining the distinct will of international organizations, which is the crucial condition for their international legal personality.

Jonathan White. In the Long Run: The Future as a Political Idea

2026-04-03T00:00:00+00:00

WhiteJonathan. In the Long Run: The Future as a Political Idea.London: Profile Books, 2024. Pp. 264. £20.00 Hardcover. ISBN: 9781800812307.

Between Hope and Constraint: The Fragile Ambition of Reconstructing International Law

2026-03-17T00:00:00+00:00

Abstract

This article examines the ‘fragile ambition’ at the heart of current efforts to reconstruct international law. The issue was brought to the forefront at the 2025 European Society of International Law’s Annual Conference amid widening geopolitical tension and declining institutional confidence. The article argues that this ambition reflects a renewed scholarly impulse to revive international law’s normative imagination. Yet it is persistently constrained by structural inertia, political gloom, cultural distance, language barriers and the weight of historical inscriptions. The analysis presents ‘fragile ambition’ as a condition shaped by the discipline’s internal epistemic, professional and institutional boundaries. The discussion situates this tension within broader debates on international law’s reformability and emphasizes that meaningful regeneration requires more than doctrinal innovation. It relies on the academic community’s sustained practices of critical dialogue, shared commitment and collective meaning making. The article offers a framework that explains why international law struggles to regenerate itself and shows how fragility, rather than weakness, can serve as a productive site for scholarly engagement and normative reconstruction.

Reconstructing International Law: Where to Start?

2026-02-06T00:00:00+00:00

Abstract

This essay reflects on the European Society of International Law’s (ESIL) 20th Annual Conference held in Berlin on 11–13 September 2025, which explored the theme of ‘Reconstructing International Law’. Through the lens of the conference discussions, the essay examines the dual meaning of reconstruction – rebuilding damaged structures and re-examining historical narratives – against the backdrop of global crises such as armed conflicts, climate change and challenges to rule of law structures. It critiques the foundational flaws of international law, including its colonial legacy, and emphasizes the need for diversity and inclusivity in its institutions. The essay explores the tension between crisis management and deliberate reflection, highlighting the fragility of international law and the academic spaces that sustain it. Ultimately, it argues that reconstruction is an ongoing project, requiring both critical reflection and hope, and offers insights into the possibilities of reimagining international law within its inherent limits and contradictions.

Filibustering the Codification and Progressive Development of International Law? The UNGA Sixth Committee’s Continuous Rollovers of ILC Outcomes

2026-07-17T00:00:00+00:00

Abstract
Over the past two decades, a pattern of inaction has emerged in the Sixth Committee of the United Nations General Assembly (Sixth Committee) regarding the processing of some finalised outcomes submitted by the International Law Commission (ILC or Commission) to this body. This stagnation has led to the continuous rollovers of such outcomes in the Sixth Committee over years or even decades, without any concrete progress towards implementing the Commission’s final recommendations. In addition to evaluating the scope and causes of these rollovers, the present article assesses their structural significance for the ILC as an expert body. It argues that the orthodox portrayal of the Sixth Committee’s inaction as one of the most acute obstacles to the implementation of the Commission’s mandate may be misleading. This is demonstrated in particular by the fact that: (i) the Sixth Committee’s rollovers have impacted only a minority of ILC products; and (ii) the complexity of the law-making process as such entails that the assessment of whether these rollovers are justified or abusive is highly contextual and case-dependent. The article concludes that, more than simply evincing the Sixth Committee’s assumed paralysis, the rollovers of ILC outcomes may serve as an opportunity for (self)reflection about the Commission’s role as an expert body, shifting focus from neutral technocracy to greater responsiveness to growing patterns of global multipolarity and subalternity.

Introduction to Special Issue on Empires, International Organizations and Transnational Legal History: Institutional Encounters With Empire

2026-07-16T01:20:12+00:00

Chinese Journal of Transnational Law, Volume 3, Issue 2, Page 181-186, September 2026.

In Search of Mechanisms to Uphold Humanitarian Goals of the Arms Trade Treaty

2026-07-16T00:00:00+00:00

Abstract

Under the Arms Trade Treaty (ATT), States Parties are obligated to refrain from authorizing arms transfer either unconditionally or upon risk assessment, when that arms transfer undermines the humanitarian objectives of the treaty. Yet the situation of Gaza between October 2023 and the ceasefire in 2025 laid bare a gap between these humanitarian goals and some national export decisions of ATT States Parties. The article examines two possibilities to fill this gap. The first possibility is a standard mechanism of treaty implementation in many multilateral treaties, the Conference of States Parties (CSP). The second possibility is seen in the series of national court decisions between 2023 and 2025, where courts were asked to evaluate the legality of government decisions regarding the arms export to Israel. Disappointingly, neither of the two paths explored proves to be reliable. Regarding the CSP, the tenth CSP in summer 2024 as a collective body avoided addressing the national decisions regarding arms export to Israel. National court decisions in France, the UK, and Germany between October 2023 and 2025 also display a common obstacle to address the cases of arms export in domestic courts: the deference of the judiciary towards the executive regarding such a highly sensitive and political question. Though both paths present some merits to shed light on the relevant provisions of the ATT for its humanitarian objectives, they are far from making meaningful difference.

Domestic Application of International Commercial Customs in China: ANZ Banking Decision of the CICC

2026-07-12T00:00:00+00:00

National Social Science Fund of China10.13039/50110001232524ZDA068

The 1955 Bandung Conference: Its Influence on the Emergence of the Non-Aligned Movement and AALCO and Its Continuing Relevance

2026-07-07T00:00:00+00:00

Critical Analysis of the Transcivilizational Perspective of International Law

2026-06-29T01:38:24+00:00

Chinese Journal of Transnational Law, Ahead of Print.
The transcivilizational perspective of international law favors the coexistence of diversified civilizations. However, it also holds that the 1895 Treaty of Maguan or Shimonoseki between China and Japan carried immense significance in world history as it ...

Capabilitarian Social Justice in EU: Care, Dependency, and the Conception of the Person 15 Goettingen J. Int'l L. 188 (2025)

2026-06-26T03:07:20+00:00

Focus Section: Methodological Pluralism

15 Goettingen J. Int'l L. [vii] (2025)

2026-06-26T03:07:20+00:00

Issue 2

15 Goettingen J. Int'l L. 237 (2025)

2026-06-26T03:07:20+00:00

Editorial

15 Goettingen J. Int'l L. 240 (2025)

2026-06-26T03:07:20+00:00

Acknowledgments

Ocean Rights Challenges and Prospects 15 Goettingen J. Int'l L. 242 (2025)

2026-06-26T03:07:20+00:00

Artificial Intelligence and Human Rights: Towards an Advanced International Binding Regulation? 15 Goettingen J. Int'l L. 265 (2025)

2026-06-26T03:07:20+00:00

Arbitral Jurisdiction in Crimea Investment Disputes: Connecting the Dots 15 Goettingen J. Int'l L. 288 (2025)

2026-06-26T03:07:20+00:00

The (Self-)Isolation of the Russian Academic Legal Community: A Case Study of Research into Military Interventions for Humanitarian Purposes 15 Goettingen J. Int'l L. 306 (2025)

2026-06-26T03:07:20+00:00

15 Goettingen J. Int'l L. 7 (2025)

2026-06-26T03:07:19+00:00

Issue 1

15 Goettingen J. Int'l L. 7 (2025)

2026-06-26T03:07:19+00:00

Editorial

15 Goettingen J. Int'l L. 13 (2025)

2026-06-26T03:07:19+00:00

Acknowledgments