FID Recht - Völkerrecht / Recht der internationalen Organisationen

Beyond Formal Consent: Systemic Integration and the Interpretation of Treaty-Based Due Diligence Obligations

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

Abstract

Treaty-based due diligence obligations, as obligations of conduct requiring a State’s best efforts, are pivotal in addressing globalized risks. This Article argues that systemic integration under Article 31(3)(c) of the Vienna Convention on the Law of Treaties is imperative to prevent these obligations from being reduced to hollow concepts or procedural formalities. However, judicial reliance on inapplicable treaties and non-binding instruments has created a tension between the coherence of the international legal system and the principle of State consent. In an attempt to justify such practice, this Article proposes a refined understanding of the State consent requirement by shifting the focus from the formal binding force of external instruments to their evidentiary value in concretizing treaty-based due diligence obligations. By analyzing recent international jurisprudence, this Article demonstrates that external references function as epistemic benchmarks for objective capacity, as bases for normative presumptions under the principle of good faith, and as evidentiary markers of feasibility through peer-based comparability. This Article concludes that such an interpretative approach does not undermine State consent but rather operationalizes the State’s initial consent to treaty-based due diligence obligations. It turns out that interpreting due diligence obligations through systemic integration is at once desirable in principle, effective in application, and legitimately grounded. Ultimately, this interpretative approach offers a robust framework for operationalizing due diligence obligations and fostering the co-evolution of international rules and standards.

In Memoriam: Sreenivasa Rao Pemmaraju (1942–2025)

2026-06-03T00:00:00+00:00

1. Sreenivasa Rao Pemmaraju, an eminent Indian international lawyer and civil servant, ad hoc Judge of the International Court of Justice in Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore), former Member of the International Law Commission, and mentor to generations of international lawyers in India and abroad, passed away on 17 March 2025. Tributes flowed from the International Court of Justice, the International Law Commission (ILC), the Asian–African Legal Consultative Organization (AALCO), the Indian Ministry of External Affairs, his colleagues in international law, and the many practitioners and scholars whose work he shaped.

United Kingdom Materials on International Law 2017

2025-07-11T00:00:00+00:00

1. This selection of UK materials on international law is made from published sources. It does not purport to include everything that could be of interest to an international lawyer but it is not wholly restricted to materials that could be called ‘state practice’ in the strictest sense: some context is provided. We have to make very considerable exclusions of material that we know would be of interest to some international lawyers. We bear in mind first, the need to avoid the purely ephemeral, and second, to exclude materials that are concerned mainly with the UK’s implementation of the international law of co-operation, particularly at the general level. We are very sparing with matters of EU law, though we report some EU positions on questions of international law with which the UK is associated. There is only limited material on UK treaties because the texts and explanatory memoranda are available on the web: Records of all treaties involving the United Kingdom concluded between 1834 and 31 March 2014 can currently be found through the Foreign and Commonwealth Office (FCO)’s UK Treaties Online service at: https://treaties.fcdo.gov.uk/. Details of treaties involving the United Kingdom since March 2014 can be found on the FCO Treaty Section’s pages on GOV.UK at: www.gov.uk/uk-treaties. Materials relating to representations made by the UK to other States on matters of human rights are included only as examples, save where there is some specific legal point involved, the user being referred to the accessible materials on the web. Extracts are generally reproduced in their original form, which leads to inconsistencies, eg in spelling (‘judgement’/‘judgment’) or capitalisation ‘UN charter’ or designation (‘Chapter Seven’/‘Chapter VII’/‘Chapter 7’). Various sources adopt different styles for dealing with ‘State’ and ‘United Kingdom’ and ‘Government’, some using singulars and some plurals. It is not possible to obtain complete consistency, even with the introductory editorial material. We think it unlikely that a reader would be misled by the choices we have made. Introductory material is printed thus: ‘The Foreign Secretary wrote to the FAC…’ Material from documentary sources is printed thus: ‘We have signed a Memorandum of Understanding…’ We have inserted a small amount of editorial material in the form ‘[…Ed.]’ where it appears to be helpful to do so. Cross-references to the present edition of UKMIL are written ‘See 16/14’ and to previous editions of UKMIL are written, ‘See UKMIL [2008] 16/1.

Experiments in International Adjudication: Historical Accounts. By Ignacio de la Rasilla and Jorge E. Viñuales (eds)

2020-08-03T00:00:00+00:00

Experiments in International Adjudication: Historical Accounts. By de la RasillaIgnacio and ViñualesJorge E. (eds). Cambridge University Press, Cambridge, 2019. xii + 327 pp. HB £110.

The Inter-State Application under the European Convention on Human Rights: Between Collective Enforcement of Human Rights and International Dispute Settlement. By Isabella Risini

2020-07-22T00:00:00+00:00

The Inter-State Application under the European Convention on Human Rights: Between Collective Enforcement of Human Rights and International Dispute Settlement. By RisiniIsabella. Brill-Nijhoff, Leiden, 2018. xvi + 278 pp. HB €115.

Decisions of British Courts during 2017 Involving Questions of Public or Private International LawA. Public International Law

2019-06-19T00:00:00+00:00

1.Belhaj v Straw and others (United Nations Special Rapporteur on Torture and others intervening); Rahmatullah v Ministry of Defence and another (No 2) (United Nations Special Rapporteur on Torture and others intervening), 17 January 2017, [2017] UKSC 3, [2017] AC 964 (SC(E))270Whether tort claims against members of the United Kingdom executive, intelligence services and government departments for unlawful detention and mistreatment in foreign states and on-board United States aircraft barred by state immunity and/or the foreign act of state doctrine, including whether claims are non-justiciable.2.Al-Waheed v Ministry of Defence; Mohammed (Serdar) v Ministry of Defence (No 2) (Qasim and others intervening), 17 January 2017, [2017] UKSC 2, [2017] AC 821 (SC(E))278Whether United Nations Security Council resolution and/or international humanitarian law provided the basis for detention in non-international armed conflicts in Afghanistan and Iraq, and whether such detention is compatible with the right of liberty as protected by article 5 of the European Convention on Human Rights.3.R (on the application of Miller) v Secretary of State for Exiting the European Union, 24 January 2017, [2017] UKSC 5, [2018] AC 61 (SC(E))284Whether ministers entitled to give notice under article 50 of the TEU of the decision by the United Kingdom to withdraw from the European Union in exercise of the royal prerogative or whether primary legislation is required.4.R (on the application of Campaign Against Arms Trade) v Secretary of State for International Trade, 10 July 2017, [2017] EWHC 1754 (Admin) (QB)294Whether the Secretary of State for International Trade obliged to suspend extant arms export licences to the Kingdom of Saudi Arabia and to cease granting new licences in order to conform with the government policy to deny such licences where there is a ‘clear risk that the arms might be used in the commission of a serious violation of International Humanitarian Law’.5.R (on the application of Akarcay) v Chief Constable of West Yorkshire, 3 February 2017, [2017] EWHC 159 (Admin) (QB)305Whether provision of material by UK police to counterparts in the Turkish Republic of North Cyprus (Northern Cyprus) amounted to an act of recognition by the United Kingdom of Northern Cyprus in breach of its obligations under international law as incorporated into UK law.6.R (on the application of Al Rabbat) v Westminster Magistrates’ Court, 31 July 2017, [2017] EWHC 1969 (Admin)309Whether Supreme Court likely to depart from earlier House of Lords authority that the international crime of aggression is not an offence in the law of England and Wales.7.Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs, 18 October 2017, [2017] UKSC 62, [2018] 1 All ER 662 (SC(E))312Whether application of sections 4(2)(b) and 16(1)(a) of the State Immunity Act 1978 (SIA) would violate the right of access to a court as guaranteed by article 6 ECHR and article 47 of the EU Charter of Fundamental Rights; whether declaration of incompatibility under the Human Rights Act 1998 appropriate; and whether SIA should be disapplied in so far as incompatible with European Union law.8.Al-Malki v Reyes (Secretary of State for Foreign and Commonwealth Affairs and another intervening), 18 October 2017, [2017] UKSC 61, [2018] 1 All ER 629 (SC(E))319Whether employing a domestic worker constitutes a ‘commercial activity’ outside diplomat’s official functions for the purposes of excluding immunity under article 31(1)(c) of the Vienna Convention on Diplomatic Relations; whether allegation that the claimant was trafficked affected whether the diplomat was entitled to immunity; and whether immunity continued to exist after diplomat’s post ended.

Collateral Damage and the Enemy

2019-04-09T00:00:00+00:00

Abstract

The purpose of this paper is to determine whether a party to an armed conflict is bound to ensure that any incidental harm it may cause to enemy military personnel not or no longer liable to attack remains below a certain threshold. While the law of armed conflict provides that incidental harm to civilians must not be excessive in relation to the military advantage anticipated from an attack, the relevant treaty rules are silent on the position of protected enemy personnel. This could indicate that protected enemy personnel may be exposed to incidental harm without any limitations. However, this position is difficult to reconcile with the humanitarian considerations that underpin the law of armed conflict. Alternatively, this silence may hint at a gap in the treaties, though not necessarily in the customary rules governing the conduct of hostilities. If so, commanders would be left guessing what degree of collateral damage is permissible, which, in the absence of clarifying the applicable rules, may lead them to break the law inadvertently. Based on a detailed assessment of the law, state practice and the competing arguments put forward in the literature, we conclude that the principle of military necessity, more specifically the prohibition of causing unnecessary destruction, as complemented by the duty to ‘respect and protect’ certain classes of enemy personnel, imposes an obligation on belligerents to reduce the level of incidental harm inflicted on protected enemy personnel to what is unavoidable and to justify that harm with reference to the military benefit anticipated from an attack. We term this the ‘non-civilian proportionality rule’. Based on our analysis, we believe that the non-civilian proportionality rule is a necessary part of any targeting process that attempts to reconcile humanitarian imperatives with operational requirements during times of armed conflict. The rule achieves this by safeguarding protected enemy personnel from disproportionate, and thus unnecessary, incidental harm without unduly impairing an attacking party’s freedom of manoeuvre against the enemy. By developing these arguments in some depth, our aim is to provide a more compelling conceptual foundation for applying proportionality considerations to protected enemy personnel and thereby bring clarity to those planning, authorising, executing and advising on targeting in current and future operations.

‘The Consciousness of Duty Done’? British Attitudes towards Self-Determination and the Case of the Sudan

2019-03-21T00:00:00+00:00

Abstract

According to the dominant narrative, the right of self-determination became relevant as a matter of law only after the 1960s or even only in the early 1970s. However, by reviving a seemingly forgotten episode in the legal history of self-determination, this article shows that during the UN Security Council’s second year of operation, in 1947, the United Kingdom invoked the right of self-determination of another people, the Sudanese, as their legal entitlement, in its effort to counter Egyptian claims on the Sudan. Giving a strong voice to primary sources, this article narrates how British officials in the Sudan managed to promote the idea of Sudanese self-determination in London, even if only to serve, not challenge, their own colonial power and behaviour. They were so successful in doing this that the British Government, despite the UK’s strategic and colonial interests, ultimately invoked self-determination as part of its legal argumentation in the Security Council.

The Crime of Aggression—The Crime which Cannot Speak its Name

2019-02-04T00:00:00+00:00

The Crime of Aggression: A Commentary. Edited by Claus Kreß and Stefan Barriga. Cambridge University Press, Cambridge, 2017. 2 volumes, 1583pp. HB £236.99.

Decisions of British Courts During 2017 Involving Questions of Public or Private International LawB. Private International Law

2019-01-28T00:00:00+00:00

Provisional Measures and the ‘New’ Plausibility in the Jurisprudence of the International Court of Justice

2018-08-04T00:00:00+00:00

From Empire to Equity: Why the International Maritime Organisation Struggles to Internalise Climate Differentiation?

2026-05-25T12:47:03+00:00

Chinese Journal of Transnational Law, Ahead of Print.
This article examines why the International Maritime Organization (IMO) has persistently resisted operationalising the climate-law principle of common but differentiated responsibilities and respective capabilities (CBDR-RC) in regulating greenhouse gas ...

A Workers’ Vision of Free Trade? British Free Trade Debates at the Dawn of International Organization

2026-05-22T03:20:12+00:00

Chinese Journal of Transnational Law, Ahead of Print.
This article explores the debates concerning ‘free trade’ in Britain and the British Empire in the early twentieth century. After many decades of commitment to a broad,laissez-faireunderstanding of the concept, the First World War years lent strength to ...

Oil, Gas, and Rhesus Monkeys: A New Framework for Natural Resources Under the Commercial Activity Exception

2019-10-11T17:22:13+00:00

The Foreign Sovereign Immunities Act of 1976 (FSIA) constitutes an exception for sovereign states to the normal jurisdictional rules that govern when parties are subject to suit in US courts. The commercial activity provision is a carveout within that broad exception-it deprives sovereign states of their exceptional immunity when they engage in commercial conduct. Within this framework, courts have used the natural resource rule to circumvent the commercial activity carveout and restore immunity to sovereign states. This Note argues that the rule should be abandoned in favor of a much more limited test, thereby increasing the number of sovereign states that would be subject to suit in US courts. Part I addresses the MOL case, its doctrinal foundations, and its progeny. Part II analyzes In re Complaint of Sedco, extrapolating a new test from the case for when transactions involving natural resources count as commercial and applying the test to existing case law. Part II also addresses and rejects alternative rules for situating natural resource-related cases within the commercial activity exception.

Out of the Legal Wilderness: Peacetime Espionage, International Law and the Existence of Customary Exceptions

2019-10-11T17:21:58+00:00

This Article demonstrates that peacetime espionage does not benefit from permissive customary international law exceptions. The mainstream view contends that, though peacetime espionage may contravene international law, developments in customary international law (CIL) nevertheless undercut State responsibility for such conduct. The gist of this view is that acts of espionage benefit from permissive CIL exceptions because its practice is widespread and accepted within the international society. However, the mainstream literature has rarely-if ever-meaningfully engaged with the practice of espionage in an effort to tease out the objective and subjective elements supportive of customary espionage exceptions. This Article closes this gap and debunks the mainstream view. We show that, although widespread, most acts of espionage are committed in secret and, as such, they cannot qualify as State practice for the purpose of CIL formation. We further demonstrate that States have failed to issue expressions of the subjective element in support of customary espionage exceptions. We conclude by suggesting that, while States are entitled to develop customary espionage exceptions in the future, for now they have yet to come out of the legal wilderness.

Dam(n) Displacement: Compensation, Resettlement, and Indigeneity

2019-10-11T17:21:45+00:00

Hydroelectric dams produce electricity, provide flood control, and improve agricultural irrigation. But the building and operation of these dams frequently involve forced displacement of local communities. Displacement often has an outsized impact on indigenous persons, who are disproportionately poor, repressed, and politically marginalized. One can limit these adverse effects in various ways: (1) taking seriously the ethics of dam-induced development, (2) rooting out corruption, (3) paying compensation at or near the beginning of dam projects, (4) using land-for-land exchanges, (5) disbursing resettlement funds as needed until displaced persons are firmly established in their new locations, and (6) having entities that loan money to foreign governments for power dams insist that a percentage of the loan be sequestered to cover compensation and resettlement costs.

This sextet of sensible measures must, however, be applied to highly different countries and indigenous persons. This application will be unsuccessful unless these measures fit the local situations on the ground. This Article shows how one can succeed in two quite different countries- China and Guatemala-in which past efforts have proved inadequate.

Maya Achi displaced by the Chixoy Dam in Guatemala are an "indigenous people" under any traditional definition. Ethnic minorities displaced by dams in China are not traditional indigenous peoples because historical narratives of outsider conquest and colonization do not apply to them. They are, however, indigenous ethnic minorities. The Han Chinese supermajority dominates, represses, and discriminates against them. China ought to treat them in basically the same way that other countries ought to treat their indigenous peoples.

Can Soft Regulation Prevent Financial Crises?: The Dutch Central Bank's Supervision of Behavior and Culture

2019-10-11T17:21:29+00:00

Financial regulation has traditionally been "hard": national legislatures and regulators (and sometimes international bodies) require certain kinds of behavior and forbid others, on pain of business sanctions, fines, or even criminal penalties. When a financial crisis happens, the usual after-the-fact response is more hard regulation-new laws, stricter regulations, and often entirely new regulatory agencies.That pattern goes back at least to the 1929 market crash that precipitated the Great Depression.

But the fact that financial crises still occur is leading many observers to wonder if more hard regulation is the best way to prevent the next one. However elaborate the regulatory structure, there always seem to be people in the industry willing to take the risk of getting caught to benefit themselves and their institutions. There is a growing body of opinion that what the financial world needs is a way to identify those pathological risktakers in advance and, perhaps more importantly, to make sure that the financial institutions that employ them discover and control them. Such an approach to financial governance might be characterized as "soft" supervision: rather than relying on prescribing, proscribing, and punishing specific actions, it would focus on education and persuasion (still backed up by the threat of sanctions) to encourage financial institutions to head off excessive risk-taking before it occurs.

In this Article, we report on an in-depth study of the first major effort to put this theory into practice: De Nederlansche Bank's (DNB; the central bank of the Netherlands) novel initiative to promote a healthy corporate culture in the large banks that it supervises. Despite its radical originality, this initiative has been almost entirely unreported in the U.S. legal and business literatures. As with all central banks, DNB's traditional mandate has been to ensure the stability and integrity of the national financial system by promulgating and enforcing regulations and supervising individual banks. The financial crisis of 2007-2008 prompted DNB to reassess the adequacy of that model. In response, it has expanded its supervision to include the evaluation of both individual behavior and group-level culture-"Behaviour & Culture" (B&C) -supervision. We have investigated the history and theoretical roots of B&C supervision; interviewed a large number of participants, both regulators and regulated, to understand their practical perspectives; explored the connections between B&C supervision and relevant themes in law and the social sciences; and considered the implications of B&C supervision for banking regulation elsewhere. We conclude that, while the response to B&C supervision has been generally positive, the tangible effect of its supervision remains unproven. Moreover, its relative positive reception may depend on the specific business culture of the Netherlands, which casts doubt on whether it can be exported to larger banking systems.

Vol. 51, no. 4 Table of Contents

2019-10-11T17:21:18+00:00

Como puede llegar a afectar el “International Anti-Corruption Court” en Latinoamérica

2026-05-08T00:00:00+00:00

La corrupción en América Latina obstaculiza el desarrollo económico, debilita el Estado de Derecho y favorece al crimen organizado, generando graves consecuencias sociales y políticas. Según organismos internacionales, consume un porcentaje significativo del PIB global y del gasto público, afectando la confianza ciudadana. Frente a la incapacidad o falta de voluntad de los sistemas judiciales nacionales para sancionar a altos funcionarios corruptos, surge la propuesta de Mark L. Wolf de crear una Corte Internacional Anticorrupción (“IACC”), para poder combatir la corrupción de alto nivel. Este artículo se centra en analizar los posibles efectos de la instauración de la IACC en América Latina, evaluando cómo podría influir en la reducción de la impunidad, el fortalecimiento institucional y la cooperación internacional, así como los riesgos y desafíos que podrían limitar su impacto real en la lucha contra la corrupción en la región.

Dollar Hegemony as International Law-making Power

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

Abstract

The so-called weaponisation of the dollar as part of the escalating geopolitical competition has drawn attention to dollar hegemony within the fields of international law, international relations and political economy alike. This article contributes to discussions about the advantages conferred on the US due to the international role of the dollar and to emerging debates about international law and political economy by demonstrating that dollar hegemony operates as a form of international law-making power. The international role of the dollar gives the United States exceptional opportunities not enjoyed by other states to influence disproportionately crucial areas of international law, including the law of jurisdiction and the law of sovereign state immunity. This law-making power has been exercised in contradictory ways. On the one hand, the United States has used the privileged role of the dollar to formulate laws that materially benefited financial capital while also incorporating its logic and ideology. On the other, the United States has used the law-making powers of the dollar in order to pursue short-term particularistic, geopolitical and even partisan agendas. Otherwise put, the law-making functions of the dollar have reflected, without being able to resolve, the fundamental tensions that arise out of the use of a national currency as world money and, in legal terms, the contradictions that inhere in the fact that a globalized political economy remains mediated by domestic legal and political forms.

The Codification of International Law at the United Nations: The Contribution of the International Law Commission

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

1. Since its founding, the UN has been a central forum for the codification and progressive development of international law. Although the UN was never conceived as an international legislature, it has served as a political and legal arena where States articulate, contest, and consolidate their views on the content of international law. Other entities, such as the International Law Association and Institut de Droit International, have also made significant contributions to this endeavour. Yet it is the UN that has provided the indispensable institutional framework within which the complex interplay of diplomatic negotiation, expert engagement, and institutional and judicial practice has enabled the creation, refinement, and affirmation of many of the norms governing international relations.

United Nations to Be Reformed, Not Replaced: Toward a Better Shared Future for Humanity

2026-04-11T00:00:00+00:00

1. The year 2025 saw the 80th anniversary of the end of World War II and the founding of the United Nations. With the end of the war and the birth of the United Nations, the UN-centered international system and the international law-based global order have taken shape and have helped maintain overall peace in the post-war era while promoting worldwide development and progress. Now, 80 years on, the world once again stands at a historic crossroads, providing a good occasion to review the evolution of the contemporary international order over the past 80 years, and to look ahead to its future transformation. Such an effort is essential for advancing global governance reform in step with the times and for building a community with a shared future for humanity.

Beyond Ownership: An Evolving Framework for the Restitution of Cultural Objects

2026-04-07T10:25:16+00:00

Chinese Journal of Transnational Law, Ahead of Print.
While the rule that stolen or unlawfully exported cultural objects should be returned has a solid basis in public international law, cross-border restitution in practice remains complex. Even where an artefact has been located and identified – a major ...

Recensión: Werner, Cavalcanti y Aguas (editores) (2025), Antarctica as a Model for Global Peace

2026-03-31T00:00:00+00:00

Recensión del libro de Horacio Werner, Patricia Cavalcanti y Mariano Aguas (editores) (2025), Antarctica as a Model for Global Peace. A Compelling Contemporary Example of How Nations Can Thrive Through Collaboration, Konrad Adenauer Stiftung: Buenos Aires. 468 pp.

Kaleidoscopic Empire: Robert Hart and the Fragmentation of Late Qing Governance

2026-03-28T08:12:24+00:00

Chinese Journal of Transnational Law, Ahead of Print.
Robert Hart, the Anglo-Irish Inspector General of the Chinese Imperial Maritime Customs Services, is largely known for introducing the last imperial rulers of China, the Great Qing, to Western structures and ideas during the late nineteenth and early ...

From Regulation to Crime Control: Preventive Justice in the Governance of Global Markets

2026-03-28T00:00:00+00:00

Abstract

This essay analyzes the “criminal turn” in economic governance, where national security priorities embed preventive justice rationales into global market, trade, investment, and technology regulation. Drawing on the frameworks of preventive justice and securitization theory, it illustrates how systems in China, the United States, and the United Kingdom employ anticipatory coercion, strict liability sanctions, definitional vagueness, and procedural opacity, discarding traditional criminal safeguards such as mens rea and proportionality. Comparative evaluation exposes converging preventive architectures across divergent constitutional models, producing chilling effects, delegated enforcement, multilateral fragmentation, and threats to economic openness. It advocates limited consequentialist reforms to reconcile security imperatives with rule‑of‑law integrity.

United Nations and Development

2026-03-26T00:00:00+00:00

Australia’s Obligations for the Acquisition and Operation of Nuclear Submarines under AUKUS: What Can Article 14 of its Comprehensive Safeguards Agreement with the IAEA Tell us?

2026-03-26T00:00:00+00:00

Abstract

Australia is pursuing the acquisition and operation of nuclear-powered submarines in collaboration with the United States and the United Kingdom under the AUKUS initiative. In accordance with Article 14 of its Comprehensive Safeguards Agreement (CSA) with the International Atomic Energy Agency (IAEA), Australia has invoked the non-application of safeguards to nuclear material used in non-proscribed military activities. This paper argues that Article 14 is applicable in this context, and emphasizes that the non-application of safeguards resulting from the application of this Article is not automatic and entails two sets of obligations for Australia: the obligation of notification and the obligation of making an arrangement. First, Australia is obliged to inform the IAEA of the non-proscribed military activity in question, to ensure that the use of the nuclear material in nuclear-powered submarines does not conflict with its undertaking under the CSA that the nuclear material will be used only in a peaceful nuclear activity. Furthermore, Australia must guarantee that the nuclear material will not be used for the production of nuclear weapons or other nuclear explosive devices. Second, Australia is obliged to enter into a separate arrangement with the Agency. The arrangement must identify, to the extent possible, the period or circumstances during which the safeguards will not apply. Additionally, the arrangement must stipulate that Australia is obliged to keep the IAEA informed of the quantity and composition of the unsafeguarded nuclear material and any exports of such material. From a procedural perspective, it is now up to the IAEA and the Member States to decide how the arrangement required by Article 14 should be adopted, in particular whether it should be approved by the Board of Governors. In any case, any arrangement that fails to achieve the fundamental objective of non-proliferation would set a detrimental precedent for the international non-proliferation regime.

United Nations and Human Rights: A Brief Reflection

2026-03-25T00:00:00+00:00

Fortifying the Cross-Border Protection and International Security of Cultural Property and Heritage

2026-03-25T11:24:12+00:00

Chinese Journal of Transnational Law, Volume 3, Issue 1, Page 3-10, March 2026.

United Nations and Global Commons Governance

2026-03-25T00:00:00+00:00

1. “Global commons” is not a legal term. A similar term used in legal discourse is “areas beyond national jurisdiction” (ABNJs), which encompasses the high seas, the Area (defined as “the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction”1¹), Antarctica, international airspace, and outer space. This coincides with the narrow definition of global commons, although there have been efforts to expand the concept to include shared resources that transcend national boundaries, such as the atmosphere, cyberspace, and biodiversity. This short note addresses only issues falling under the narrow definition of global commons.

The Relevance of ADR Processes in China's Transnational Efforts for the Return of Its Looted Cultural Property*

2026-03-23T03:49:04+00:00

Chinese Journal of Transnational Law, Ahead of Print.
Alternative dispute resolution (ADR) processes can be relevant where claims span state boundaries such as Chinese repatriation claims for the return of cultural property from foreign individuals, institutions and states. This article explores China's use ...

The Role of the United Nations in the Maintenance of International Peace and Security

2026-03-20T00:00:00+00:00

Chinese National Social Science Fund Project “Application of the Principle of Reciprocity in the field of Immunity of State and Its Officials25BFX022

¿El Multilateralismo a Prueba? Reflexiones y Perspectivas desde los dos polos geográficos del Cono Sur a 80 años de Naciones Unidas

2026-03-19T00:00:00+00:00

Agudas Chasidei Chabad of U.S. v. Russian Federation: Reaffirming the Narrow Reach of the FSIA Expropriation Exception against Foreign States

2026-03-18T00:00:00+00:00

1. The United States has long been an attractive forum for litigants bringing claims against foreign sovereigns, and its unparalleled expropriation exception has considerably contributed to this prosperity. Codified as 28 U.S.C. §1605(a)(3), part of the Foreign Sovereign Immunities Act (FSIA), the expropriation exception withdraws immunity where rights in property taken in violation of international law are in issue if either the property or exchanged property is (i) present in the United States in connection with a commercial activity carried on there by the foreign State, or (ii) owned or operated by the foreign State’s agency or instrumentality that is engaged in a commercial activity in the United States. Enacted in part as a Congressional response to address expropriations targeting US nationals, this exception has been invoked more frequently in restitution claims concerning cultural property expropriated during the Holocaust. However, the controversial exception, allegedly having departed from international law, has witnessed a restrictive shift in recent cases. Notably, the US Supreme Court has recently narrowed the reach of the expropriation exception in two key decisions: Federal Republic of Germany v. Philipp, 592 US 169 (USSC 2021) (“Philipp”), and Republic of Hungary v. Simon, No. 23-867 Slip Op. (USSC 2025) (“Simon”).

Chronology of Practice: Chinese Practice in Public International Law in 2023*

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

Abstract

This Survey covers materials reflecting Chinese practice in 2023 relating to: treaties, agreements and other documents signed or ratified by the People’s Republic of China; national legislation; statements made by Chinese representatives at the meetings of the UN and other international organizations, international conferences, and those made by the Foreign Ministry spokespersons, with respect to various branches of international law; and judicial decisions, in particular on the applicability and application of international conventions, by Chinese courts.

The Extraterritorial Application of Human Rights in Armed Conflict in the DRC v. Rwanda Case in the African Court on Human and Peoples’ Rights

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

1. This contribution discusses the African Court on Human and Peoples’ Rights (ACtHPR, or the Court)’s decision pronounced on 26 June 2025 in the case of the Democratic Republic of the Congo v. the Republic of Rwanda (Application 007/2003, decision on jurisdiction and admissibility, hereinafter, DRC v. Rwanda), a decision that is attracting increasing attention by scholars.1¹ Specifically, this analysis addresses the Court’s findings on the extraterritorial application of human rights instruments and the jurisdiction of regional human rights courts over alleged violations. The case pertains to alleged human rights violations committed by Rwanda in the territory of the DRC, particularly in the region of North Kivu, in the context of the ongoing armed conflict between the armed group M23, supported by Rwanda, and the DRC (see the factual background in ACtHPR, DRC v. Rwanda, paras. 3-7).2² The Court, unanimously, found that it has jurisdiction and that the claims are admissible, thus opening the way for a discussion of the merits of the case.

Rosa Luxemburg’s self-determination: a critical feminist approach to international law

2026-02-24T00:00:00+00:00

Abstract

Rosa Luxemburg’s relationship with feminism is widely known to be multifaceted and contested. In this contribution, I examine her radical reflections, particularly on self-determination, by focusing on her critique of political economy, anti-imperialism, and national self-determination, and its link with contemporary critical feminist scholarship in international law.

Rosa Luxemburg and imperialism as statecraft: US jurisdictional accumulation on the Philippines frontier

2026-02-20T00:00:00+00:00

Abstract

This article considers the internationalisation of American police power in the early 20th century alongside Rosa Luxemburg’s theory of imperialism as a form of statecraft. I examine colonial land reform policies in the US-occupied Philippines as an early example of imperial nation-building premised on the development of legal mechanisms to both promote and police property ownership. In particular, I look at the implementation of the 1903 Public Land Act (PLA), an effort to redistribute previously Spanish-held land to Filipino cultivators with the dual goal of pacificying local insurgency and facilitating democratic state-building to prepare the Philippines for independence. I argue that colonial land reform functioned by reproducing relations of legal unevenness, a term that describes the jurisdictional development of legal and political spaces outside the sanction of American rule of law. Liberal land reform schemes like the PLA held the Philippines in a chokehold, preventing the development of meaningful political institutions and economic self-sufficiency, while leveraging the failure of stabilization efforts as a means to prolong US rule.

Introduction to the symposium on Rosa Luxemburg and international law: like a clap of thunder

2026-02-10T00:00:00+00:00

What does Rosa Luxemburg’s work have to offer to the study of international law in a time of neoliberal capitalism, climate catastrophe, and pandemic? The 150th anniversary of the birth of Rosa Luxemburg in 2021 appeared a particularly fitting time to ask this question, and to invite interlocutors and academic comrades in a collective effort to answer it. Our purpose was to celebrate Rosa Luxemburg’s life and political and intellectual contributions, making them visible to international lawyers, based on what we already knew of her work on the nexus between capital accumulation and imperialism, her critical stance towards national self-determination, her critique of bourgeois feminism, and her multi-disciplinary expertise of political economy, botany, zoology, and geology. We believed that Luxemburg’s work could build on, complement, and even challenge the existing Marxist literature in international law, which has served as an important critique of neoliberal capitalism and the entanglements of international law and its pathologies.

Reclaiming the revolutionary: whither Rosa Luxemburg?

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

Abstract

While the turn to Rosa Luxemburg by international legal scholars in the context of contemporary political crises is laudable, this article lays out the potential pitfalls of such academic appropriation. We highlight the political commitments central to Luxemburg’s life and thought and argue that these should anchor any ‘Luxemburg-ian’ turn.

The everyday banality of domination and the exceptional drama of conquest: Rosa Luxemburg’s critique of self-determination through the many lives of the Polish-Lithuanian Commonwealth

2026-01-30T00:00:00+00:00

Abstract

This article explores Rosa Luxemburg’s theories in relation to present international legal discourses on the ban on conquest and its fragility. Towards this end, I centre the significance of the (partitioned) Polish-Lithuanian Commonwealth as a generative site for modern conceptualisations of ‘conquest’ and, relatedly, Luxemburg’s formative context of political engagement.

International law as ‘frontier law’: Rosa Luxemburg’s ecology and climate catastrophe

2026-01-22T00:00:00+00:00

Abstract

Through a new reading of Rosa Luxemburg’s insights on primitive accumulation and ecology, this article develops the lens of ‘Rosa Luxemburg’s ecology’ to interrogate international law’s role in climate catastrophe and the green transition. This lens reframes international law as ‘frontier law’—a regime enabling and legitimising extractivism.

More than a glance at the ocean: international law, seabed mining, and the monetary nature of capitalism

2025-10-31T00:00:00+00:00

Abstract

The article draws on Rosa Luxemburg to examine current legal developments concerning seabed mining. Building on the macro-monetary reading of capitalism that Luxemburg developed in The Accumulation of Capital and the Anti-Critique, the analysis casts doubt on the international law of the sea’s alignment with the contradictions inherent in capitalist production.

Editorial: EJIL: News! In This Issue; In This Issue – Reviews; Guest Editorial Note: Selected Essays from the Study and Analysis of International Law (SAILS) Consortium; EJIL Roll of Honour; EJIL Peer Review Prize

2026-03-14T00:00:00+00:00

Roaming Charges Moments of Dignity: Generation Z

2026-03-14T00:00:00+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.

Adam der Erste*

2026-02-17T00:00:00+00:00

Du schicktest mit dem FlammenschwertDen himmlischen Gendarmen,Und jagtest mich aus dem Paradies,Ganz ohne Recht und Erbarmen!

My Patria Is the Book: 10 Good Reads 2025

2026-02-11T00:00:00+00:00

Abstract

Here, yet again, is my pick of ‘good reads’ from the books I read in 2025. I want to remind you, as I do every year, that these are not ‘book reviews’, which also explains the relative paucity of law books or books about the law. Many excellent ones have come my way this year, as in previous years, but an excellent law book is not always, in fact rarely is, a ‘good read’ in the sense intended here: curl up on the sofa and enjoy a very good read, maybe even as a respite from an excellent law book. I usually point out that some of these ‘good reads’ are not necessarily literary masterpieces – though in the list this year each recommendation is for a book which in my eyes is a lot more than a ‘mere’ good read; a handful are truly masterpieces. A lot more than 10 good reads came my way this year. The selection process was tougher than usual. I was guided by my possibly misguided notion of trying to provide titles which would cater for very different tastes. I myself am hopelessly eclectic.

Natasha Wheatley, The Life and Death of States: Central Europe and the Transformation of Modern Sovereignty

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

WheatleyNatasha. The Life and Death of States: Central Europe and the Transformation of Modern Sovereignty. Princeton, NJ: Princeton University Press, 2023. Pp. xviii + 406. ISBN: 9780691244075.

The Rise of International Environmental Law, 1946–1993: Narrow Limits and Extensive Tasks

2026-01-23T00:00:00+00:00

Abstract

Environmental lawyers have devoted little attention to their discipline’s past, and when they have done so, they have often narrated the past as showing that the field is becoming progressively more self-aware and sophisticated so as to reach its present stage of maturity. In this article, we trace a somewhat different course. We follow the emergence of the field from the 1950s to its eventual collapse into ‘sustainable development’. To do this, we examine the processes that created and shaped its boundaries in such a way that it gradually came to see itself as a specific type of professional project with a blueprint for international legal reform. We examine the way in which topics became included in and excluded from the field. And we focus especially on the diplomatic, professional and academic tensions that shaped the field and eventually led it from its early environmentalist orientation to its present-day efforts to engage with wider issues of social development and international justice.

International Environmental Law: A Law of Side Effects?

2026-01-23T00:00:00+00:00

Abstract

A reader examining a contemporary account of international environmental law 20, 30 or 50 years from now may be interested not only in its accuracy but also in what the account conveys of our own generational perception of our past. By then, several features will have become evident to that reader, which our generation missed or under-estimated. One above all is likely to connect our and their perception of what international environmental law had to face: humanity, through its production and consumption processes, is changing not only human history but also the dynamics of the entire Earth System in what some see as a new geological epoch defined by humans, the ‘Anthropocene’. This major fact is and will remain with us, and the extent to which it can be addressed depends on whether we see it and integrate it in our policies. This article argues that such is not the case of the social practice we call international environmental law, and this is, above all, for a very specific reason: international environmental law is built around an asymmetry between the legal organization of production and consumption processes – the ‘transaction’ – and the regulation of their side effects or ‘negative externalities’. At the core of international environmental law lies a deliberate effort to preserve legal space for the transaction – the very processes that led us into the Anthropocene – while aiming to minimize its negative side effects for the global environment. It is an odd mismatch, akin to a legal requirement to keep the dam gates open while also requiring that the flooded areas be kept as dry as possible. International environmental law is faced with impacts affecting the geological timescale, but it is structured to preserve the cause of the problem and focus on side effects unfolding in a human timescale.

Reflections on the Structure of International Environmental Law after Half a Century

2026-01-23T00:00:00+00:00

Abstract

We inhabit a new geological epoch – the Anthropocene – in which humans are the major force affecting the Earth System, with potentially catastrophic results. We also live in a kaleidoscopic world with many actors, in addition to states, many different legal instruments and abrupt, rapid changes in issues and coalitions. Increasingly, we face problems of commons and public goods at multiple geographical levels. This is the reality that international environmental law now must govern. While this body of law has had certain successes in the last half-century, progress in many areas has been incremental. As this article argues, international environmental law must undergo transformational change that takes account of these critical changes in the global context, reconsiders the adequacy of legacy legal structures and treats the Earth as a holistic system with humanity as an integral part. Specifically, it needs to overcome five disconnects: (i) between the narrow anthropocentric scope of legal frameworks and the integrated character of the Earth System; (ii) between the siloed and ad hoc approach to individual environmental problems and their integrated connection in the Earth System; (iii) between the legal need for certainty and the inherent uncertainties and changes in the relevant science; (iv) between the legal prioritization of the present generation and the needs of future generations; and (v) between the theoretical recognition of the rights of marginalized and vulnerable communities and indigenous peoples in sustainable development and their practical exclusion from participation and justice.

International Environmental Law after Half a Century

2026-01-23T00:00:00+00:00

Abstract

This symposium assesses the evolution – or, more neutrally, the trajectory – of international law as it relates to the environment in the last half-century. In the decades since the 1972 Stockholm Conference on the Human Environment and until 2025, a watershed for climate litigation (but for little else), the development-environment equation that haunts every environmental negotiation, every instrument and much of the case-law became only more polarized. In this introductory article, I discuss three main aspects of this assessment, as they arise from the contributions to this symposium: (i) the case for reconsidering the overall retrospective narrative of international environmental law; (ii) the possible reasons explaining its inability to address humanity’s geological impact; and (iii) the role of international law in relation to the balancing of the terms of the development-environment equation. The purpose is not descriptive; it is analytical, and sometimes critical. It is an effort to provide the context that is most relevant for an understanding of these contributions.

Koskenniemi’s Lauterpacht: A ‘Gentle Civilizer’?

2026-01-20T00:00:00+00:00

Abstract

Hersch Lauterpacht’s normative project has been subject to a number of excellent studies in the past – most notably by Martti Koskenniemi. The central image of the latter’s ‘Lauterpacht’ is, famously, that of a backward-looking thinker: Lauterpacht is portrayed as a ‘natural lawyer’ who nostalgically looks back into the 19th century as the last representative of a ‘Victorian tradition’ in international law. This article wishes to critique and challenge this influential intellectual portrait. In order to do this, it revisits Lauterpacht’s rich academic oeuvre in three sections. Section 2 begins with a reconstruction of Lauterpacht’s understanding of the judicial function – a function on which much of Koskenniemi’s Lauterpacht hinges. Section 3 explores the legislative function within Lauterpacht’s international legal order, while section 4, subsequently, investigates the ‘function’ given to natural law in Lauterpacht’s normative project. Section 5, finally, offers a critical challenge to Koskenniemi’s ‘Lauterpacht’ and re-evaluates the place that he should be given within the history of 20th-century international law. A conclusion contends that Lauterpacht is best characterized as a utopian international federalist, whose supranational legacy has largely remained unredeemed.

The Trouble with Carbon Budgets, Offsets and Removals in Climate Litigation against States: The Case of KlimaSeniorinnen v. Switzerland at the ECtHR

2026-01-11T00:00:00+00:00

Abstract

The European Court of Human Rights’ (ECtHR) judgment in KlimaSeniorinnen v. Switzerland represents a critical juncture in climate litigation. By endorsing a national carbon budget in combination with an extraterritorial, consumption-based approach to state responsibility, while sidestepping the contentious issues of carbon offsets and removals, I show how the Court has created an implementation paradox. The judgment cannot be implemented in a meaningful way in a context where Switzerland’s fair-share carbon budget is already exhausted and negative, and where it is almost exhausted if we adopt a per capita approach. A negative fair-share carbon budget would entail an ‘emergency brake’, which no state can afford. A still remaining positive per capita carbon budget would require unprecedented emission reduction rates far beyond the temporality of economic lockdowns imposed during COVID-19. The judgment thus highlights the limits of climate litigation against states at a time of exhausted carbon budgets and an over-reliance on questionable carbon offsets and highly speculative carbon removal promises.

International Law as a Driver of Confrontation? UNCLOS and China’s Policy in the South China Sea

2026-01-08T00:00:00+00:00

Abstract

Could international law contribute to interstate maritime conflicts? A close tracing of the People’s Republic of China’s (PRC) policies in the South China Sea suggests so. China’s early interactions with the emerging maritime legal order in the 1970s expanded the scope of its interests from disputed island territories to comprehensive jurisdiction over vast swathes of maritime space. Ratifying the United Nations Convention on the Law of the Sea (UNCLOS) in 1996 prompted Beijing to develop new bureaucratic and enforcement capabilities designed to realize sweeping claims inspired by, though not limited to, UNCLOS entitlements. When these capabilities came to fruition in the mid-2000s, they enabled a sustained, increasingly coercive push for control over the PRC’s maritime periphery, which has continued to the present. Four representative cases of China’s new and ongoing patterns of behaviour demonstrate in specific detail how China’s interactions with the legal regime have contributed to its confrontational on-water behaviour. In short, the PRC’s campaign to control vast swathes of East Asian maritime space was rooted in the party-state’s internalization of concepts of maritime rights through the UNCLOS process, coupled with a rejection of its corresponding limitations.

An International Anomaly. Colonial Accession to the League of Nations, by Thomas Gidney

2026-01-08T00:00:00+00:00

GidneyThomas. An International Anomaly. Colonial Accession to the League of Nations.Cambridge: Cambridge University Press, 2025. Pp. 315. £90 hardcover. ISBN: 978-1009584449.

Untied Nations? Saving the UN Security Council

2026-01-07T00:00:00+00:00

Abstract

The United Nations Security Council is often criticized for being unrepresentative, paralysed by the veto and impotent in the face of major conflicts. Yet, beneath these familiar complaints lies a more profound dilemma: whether international society still believes in the desirability, let alone the possibility, of a global legal order anchored in the Security Council. This review essay situates contemporary reform debates against that larger question. It explores how proposals for modest procedural and working-method reforms collide with the political reality of entrenched permanent members; how expansion schemes risk draining attention from more feasible fixes; and how normative disagreements expose the fissure between Kelsenian faith in rules and Schmittian insistence on power. Alongside geopolitical tension, the Security Council must now contend with new existential threats – from climate change to artificial intelligence – that will test its mandate and legitimacy. The deeper problem, however, may not be the Security Council’s structure or procedures but, rather, the mismatch between the expectations placed upon it and what member states are prepared to deliver.

Shannonbrooke Murphy. The Human Right to Resist in International and Constitutional Law

2026-01-07T00:00:00+00:00

MurphyShannonbrooke. The Human Right to Resist in International and Constitutional Law.Cambridge: Cambridge University Press. 2025. Pp. 376. €122.55. ISBN: 9781108838214.

Paulo Borba Casella. International Law, History and Culture

2026-01-06T00:00:00+00:00

CasellaPaulo Borba. International Law, History and Culture.Leiden: Brill Nijhoff, 2024. Pp. 576. ISBN: 9789004694507.

FID Recht - Völkerrecht / Recht der internationalen Organisationen

Beyond Formal Consent: Systemic Integration and the Interpretation of Treaty-Based Due Diligence Obligations

In Memoriam: Sreenivasa Rao Pemmaraju (1942–2025)

United Kingdom Materials on International Law 2017

Experiments in International Adjudication: Historical Accounts. By Ignacio de la Rasilla and Jorge E. Viñuales (eds)

The Inter-State Application under the European Convention on Human Rights: Between Collective Enforcement of Human Rights and International Dispute Settlement. By Isabella Risini

Decisions of British Courts during 2017 Involving Questions of Public or Private International LawA. Public International Law

Collateral Damage and the Enemy

‘The Consciousness of Duty Done’? British Attitudes towards Self-Determination and the Case of the Sudan

The Crime of Aggression—The Crime which Cannot Speak its Name

Decisions of British Courts During 2017 Involving Questions of Public or Private International LawB. Private International Law

Provisional Measures and the ‘New’ Plausibility in the Jurisprudence of the International Court of Justice

From Empire to Equity: Why the International Maritime Organisation Struggles to Internalise Climate Differentiation?

A Workers’ Vision of Free Trade? British Free Trade Debates at the Dawn of International Organization

Oil, Gas, and Rhesus Monkeys: A New Framework for Natural Resources Under the Commercial Activity Exception

Out of the Legal Wilderness: Peacetime Espionage, International Law and the Existence of Customary Exceptions

Dam(n) Displacement: Compensation, Resettlement, and Indigeneity

Can Soft Regulation Prevent Financial Crises?: The Dutch Central Bank's Supervision of Behavior and Culture

Vol. 51, no. 4 Table of Contents

Como puede llegar a afectar el “International Anti-Corruption Court” en Latinoamérica

Dollar Hegemony as International Law-making Power

The Codification of International Law at the United Nations: The Contribution of the International Law Commission

United Nations to Be Reformed, Not Replaced: Toward a Better Shared Future for Humanity

Beyond Ownership: An Evolving Framework for the Restitution of Cultural Objects

Recensión: Werner, Cavalcanti y Aguas (editores) (2025), Antarctica as a Model for Global Peace

Kaleidoscopic Empire: Robert Hart and the Fragmentation of Late Qing Governance

From Regulation to Crime Control: Preventive Justice in the Governance of Global Markets

United Nations and Development

Australia’s Obligations for the Acquisition and Operation of Nuclear Submarines under AUKUS: What Can Article 14 of its Comprehensive Safeguards Agreement with the IAEA Tell us?

United Nations and Human Rights: A Brief Reflection

Fortifying the Cross-Border Protection and International Security of Cultural Property and Heritage

United Nations and Global Commons Governance

The Relevance of ADR Processes in China's Transnational Efforts for the Return of Its Looted Cultural Property*

The Role of the United Nations in the Maintenance of International Peace and Security

¿El Multilateralismo a Prueba? Reflexiones y Perspectivas desde los dos polos geográficos del Cono Sur a 80 años de Naciones Unidas

Agudas Chasidei Chabad of U.S. v. Russian Federation: Reaffirming the Narrow Reach of the FSIA Expropriation Exception against Foreign States

Chronology of Practice: Chinese Practice in Public International Law in 2023*

The Extraterritorial Application of Human Rights in Armed Conflict in the DRC v. Rwanda Case in the African Court on Human and Peoples’ Rights

Rosa Luxemburg’s self-determination: a critical feminist approach to international law

Rosa Luxemburg and imperialism as statecraft: US jurisdictional accumulation on the Philippines frontier

Introduction to the symposium on Rosa Luxemburg and international law: like a clap of thunder

Reclaiming the revolutionary: whither Rosa Luxemburg?

The everyday banality of domination and the exceptional drama of conquest: Rosa Luxemburg’s critique of self-determination through the many lives of the Polish-Lithuanian Commonwealth

International law as ‘frontier law’: Rosa Luxemburg’s ecology and climate catastrophe

More than a glance at the ocean: international law, seabed mining, and the monetary nature of capitalism

Editorial: EJIL: News! In This Issue; In This Issue – Reviews; Guest Editorial Note: Selected Essays from the Study and Analysis of International Law (SAILS) Consortium; EJIL Roll of Honour; EJIL Peer Review Prize

Roaming Charges Moments of Dignity: Generation Z

Adam der Erste*

My Patria Is the Book: 10 Good Reads 2025

Natasha Wheatley, The Life and Death of States: Central Europe and the Transformation of Modern Sovereignty

The Rise of International Environmental Law, 1946–1993: Narrow Limits and Extensive Tasks

International Environmental Law: A Law of Side Effects?

Reflections on the Structure of International Environmental Law after Half a Century

International Environmental Law after Half a Century

Koskenniemi’s Lauterpacht: A ‘Gentle Civilizer’?

The Trouble with Carbon Budgets, Offsets and Removals in Climate Litigation against States: The Case of KlimaSeniorinnen v. Switzerland at the ECtHR

International Law as a Driver of Confrontation? UNCLOS and China’s Policy in the South China Sea

An International Anomaly. Colonial Accession to the League of Nations, by Thomas Gidney

Untied Nations? Saving the UN Security Council

Shannonbrooke Murphy. The Human Right to Resist in International and ­Constitutional Law

Paulo Borba Casella. International Law, History and Culture

Shannonbrooke Murphy. The Human Right to Resist in International and Constitutional Law