FID Recht - TOC

Expression of Concern: Bridging the public–private divide: regulating data-centric utilities under China’s Personal Information Protection Law

2026-07-25T00:00:00+00:00

This is an expression of concern regarding: Nan Xia, Bridging the public–private divide: regulating data-centric utilities under China’s Personal Information Protection Law, International Data Privacy Law, Volume 16, Issue 2, June 2026, ipaf034, https://doi.org/10.1093/idpl/ipaf034

Mapping Organized Crime as a Stakeholder: A Risk‐Based and Responsive Governance Perspective

2026-07-25T04:29:20+00:00

ABSTRACT

Organized crime (OC) can influence firms through coercion, collusion, financial ties, and supply-chain relationships, yet these interactions remain underexamined in stakeholder theory. This article conceptualizes organized crime as an analytically relevant but non-normatively legitimate stakeholder and develops a risk-based framework combining stakeholder salience, interface channel, interest level, and influence strategy. The framework specifies when OC is likely to command managerial attention and which configurations are expected to pose the greatest risks of value destruction and escalation. Three illustrative Italian cases involving preventive anti-mafia measures show variation from latent relational exposure, through indirect supply-chain contamination, to embedded ownership and financial control. By linking these configurations to graduated governance responses, the framework helps managers and regulators calibrate proportionate, revisable, and auditable interventions. It extends stakeholder theory to adversarial actors while clarifying institutional conditions that shape the credibility of prevention and remediation.

The Effect of Sustainable Production and Operations on Financial Outcomes in Turkish Manufacturing Sector: System Dynamics Evidence From BIST‐Listed Companies

2026-07-25T07:08:41+00:00

ABSTRACT

Sustainable production and operations (SPO) are widely expected to influence firm performance through improvements in efficiency, legitimacy, and organizational capabilities. This study uses ISO certifications as a proxy for SPO and examines both adoption determinants and performance implications using a balanced panel of 142 manufacturing firms listed on the Borsa Istanbul (BIST) over a 10-year period (2012–2022). An integrated econometric and system dynamics (SD) framework is employed. The econometric results indicate that ISO adoption is associated with firm size, prior financial performance, and selected governance characteristics, although effects vary across certification types. Evidence on performance effects remains limited: while some specifications suggest efficiency gains, results are not robust once persistence and endogeneity are considered, and no consistent relationship is observed for revenue or market valuation. Simulation results suggest that sustainability effects may develop gradually over time, with diminishing returns and increasing uncertainty. Overall, SPO should be viewed as a dynamic, long-term capability, with ISO certifications affecting performance indirectly through learning and feedback processes.

Women on Boards and Corporate Environmental Performance: Does Institutional Ownership Matter?

2026-07-24T09:30:32+00:00

ABSTRACT

This study examines the relationship between Board Gender Diversity (BGD) and Corporate Environmental Performance (CEP), with particular attention to the moderating role of institutional ownership. Using a panel of 188 French firms listed on the CAC All-Tradable index over 2006–2022 (3196 firm-year observations), the findings reveal that BGD is positively associated with CEP. Moreover, institutional ownership strengthens this relationship, highlighting the role of institutional investors in fostering environmentally responsible corporate behavior. Additional analyses indicate that BGD positively influences key dimensions of CEP, including resource efficiency, emission reductions, and environmental product innovation, consistent with the multidimensional nature of corporate environmental performance. The results remain robust to alternative specifications addressing endogeneity. The study provides evidence that BGD constitutes an important governance mechanism for enhancing corporate environmental strategies.

Public Support for Punishing or Treating People Who Use Drugs: The Mediating Roles of Harm and Blame

2026-07-24T12:23:24+00:00

Criminal Justice and Behavior, Ahead of Print.
While individual and contextual characteristics of drug use predict punishment and treatment support, research has not explored whether perceived harm and blame operate as mediators. Using a survey experiment given to a Lucid Theorem sample (n= 844) of ...

Politicization and autonomy in the governance of the European Equality Bodies

2026-07-24T05:56:20+00:00

International Journal of Discrimination and the Law, Ahead of Print.
This comparative study examines politicization within Equality Bodies (EBs) across European states, analysing how institutional design shapes their susceptibility to political influence. Focusing on ties with parent authorities, leadership structure (...

‘Get me another nurse!’: Nurses’ perspectives on identity-based care refusals, discrimination, and institutional support

2026-07-24T05:51:21+00:00

International Journal of Discrimination and the Law, Ahead of Print.
When patient preferences for a certain healthcare provider are based on identity traits such as gender, skin colour, ethnicity, or religion, the right to free choice of healthcare provider may come into tension with the provider’s right to equal ...

Affirmative Action in A Theory of Discrimination Law

2026-07-24T05:45:01+00:00

International Journal of Discrimination and the Law, Ahead of Print.
On the tenth anniversary of Tarunabh Khaitan’s A Theory of Discrimination Law, this article reconsiders the concept of affirmative action in light of recent legal and theoretical debates. Building on Khaitan’s framework, I address affirmative action from ...

Book review: Lambros Fatsis, Policing the Beats: Black Music, Racism and Criminal Injustice

2026-07-24T12:27:22+00:00

Crime, Media, Culture, Ahead of Print.

Editorial

2026-07-24T12:25:32+00:00

Crime, Media, Culture, Ahead of Print.

Experiences of Prisoners Living With Mental Health Conditions and Seeking or Receiving Mental Health Support in Prisons: An Integrative Review

2026-07-24T19:11:21+00:00

ABSTRACT

Background

Prisoners experience poor mental health and well-being in prison, including severe mental illnesses. However, access to mental health support and treatment in prison is limited. We conducted an integrative review to synthesise prisoners' experiences of living with mental ill health and/or seeking or receiving mental health support in prisons.

Methods

A systematic search of peer-reviewed empirical studies published from 2014 to 2024 was conducted following PRISMA guidelines. Databases searched included Medline, PsycINFO and CINAHL. We included studies of adult prisoners (aged ≥ 18 years) experiencing poor mental health who sought or received help. We were inclusive in our definitions of “poor mental health” and “support” to capture papers where prisoners may not have a formal diagnosis and where support may have been pastoral or delivered by healthcare practitioners.

Results

Nineteen studies met the inclusion criteria. Four main themes emerged. The first encompassed the range of emotions and feelings experienced, predominantly negative. The second was about the accessibility of mental health services, evidenced not only by limited availability but also by a general lack of support, service providers being described as lacking empathy and coercion to take medication. The third theme was of more internalised barriers to help-seeking, including a sense of stigma and concerns about confidentiality. The fourth theme was about coping strategies, including support from peers, family and religious practices but also maladaptive coping strategies such as self-harm.

Conclusions

Prisoners experienced unmet mental health needs. Poor service experiences added to the burden, only partly met through constructive alternatives. Serious, sometimes dangerous maladaptive coping suggests that current access to and suitability of formal healthcare services should be reconsidered within the context of wider methods of pastoral support. Future research on the role of the wider prison community in providing mental health and well-being support is needed.

Trial Registration

The protocol for this review is registered on PROSPERO CRD42024581279. Available from https://www.crd.york.ac.uk/prospero/display_record.php?ID=CRD42024581279

Mitigating the judicial human–AI fairness gap

2026-07-24T00:00:00+00:00

Abstract

Machine adjudication is perceived as less fair than human judging. We study whether hybrid procedures, in which a human consults an algorithmic recommendation but retains final authority, mitigate this human-AI fairness gap. In two experiments ($N = 7{,}651$), participants evaluate sentencing, bail, and arbitration decisions made by a human, an algorithm, or a human reviewing an algorithmic recommendation. The hybrid procedure eliminates the gap even when human scrutiny is minimal. The effect is complete among White and conservative participants but partial among Black liberals. Insensitivity to review intensity raises the risk of human-washing: nominal oversight may legitimize substantively flawed algorithmic processes.

Is originalism orthodoxy?

2026-07-24T00:00:00+00:00

Abstract

What theory of constitutional interpretation has the Supreme Court followed? We search Supreme Court opinions for a wide range of sources that originalists identify as central to their methodology, over the entire universe of cases beginning in 1791. We find that for much of Supreme Court history, conventional indicators of originalist practice—citations to Founding-era sources—are largely absent, raising questions about originalism’s past orthodoxy. Originalist citation practices are absent for much of the 19th century and grow sharply in the late 20th century. The Article elaborates the implications of these findings for debates in constitutional law.

Automated private enforcement: evidence from the Google Fonts Case

2026-07-24T00:00:00+00:00

Abstract

Plaintiffs often lack incentive to enforce low-value claims, weakening defendants' compliance incentives. The Google Fonts Case offers a unique opportunity to explore whether automated private enforcement increases compliance. After a German court ruled that dynamically embedding Google Fonts violated the GDPR, an Austrian lawyer reportedly used automated tools to detect violations and threaten lawsuits. Using a difference-in-differences approach on a two-year sample of 1,517,429 websites across 32 countries, we find a significant compliance effect in Austria: non-compliance dropped by 22.7 percentage points within three months, a nearly 50% reduction. These findings suggest automated enforcement can be disruptive, pressuring policymakers to recalibrate legal rules.

The ‘capital’ and ‘current’ account dimensions of financial sanctions

2026-07-15T00:00:00+00:00

Abstract

Financial sanctions have emerged as a central tool of contemporary economic statecraft, yet their treatment under international economic law remains fragmented and conceptually underdeveloped. This article analyses financial sanctions through the prism of the distinction between current account transactions and capital account movements, a foundational but underexplored divide in international monetary, trade, and investment law. It examines how this dichotomy structures the allocation of jurisdiction and substantive obligations under the International Monetary Fund Articles of Agreement, the General Agreement on Tariffs and Trade (GATT) and General Agreement on Trade in Services (GATS), as well as international investment agreements. We demonstrate that while international economic law affords comparatively strong protection to current payments and transfers, it leaves significant discretion with respect to restrictions on capital movements, which has implications for the governance of financial sanctions. Building on a taxonomy of financial sanctions, the article maps different sanctioning techniques onto the relevant legal regimes and shows how broad national and international security exceptions substantially limit scrutiny by international organizations and tribunals. We thus show that the interaction between the current–capital account divide and the expansive security carve-out contributes to a permissive and politically deferential legal environment, underscoring the need for a more coherent and robust international economic governance framework.

Seeking a Convinced Touchstone in a Turbulent World—the Crossover of Secondary Sanctions and Extraterritorial Jurisdiction

2026-07-14T00:00:00+00:00

The Cambridge Handbook of Secondary Sanctions and International Law. By RuysTom, RyngaertCedric, and SilvestreFelipe R. (eds), Cambridge/UK, and New York/USA: CUP, 2025. ISBN 9781009365826 (hardback), 9781009365840 (ebook), 516pp.

Constructing a Rules-Based Approach to Belt and Road Disputes

2026-07-11T00:00:00+00:00

Dispute Settlement and the Belt and Road Initiative: Towards a Rules-Based Approach By KirkwoodJamieson M., Abingdon, Oxon: Routledge, 2025. ISBN 978-1040631850, 269pp.

A co-regulatory approach to bilateral trade: assessing and enhancing enforceability of U.S.–China Phase One Agreement in the Trump 2.0 era

2026-07-08T00:00:00+00:00

Abstract

Co-regulatory approaches play a pivotal role in enhancing the legitimacy and enforceability of domestic legislation, particularly in the realm of high-technology regulations. While well-acknowledged in domestic contexts, the application of co-regulation to international law-making and the enforcement of international trade law has received limited scholarly attention. This article addresses this research gap by examining the potential of co-regulatory approaches to facilitate the making and enforcement of technology-related provisions in emerging regional trade agreements (RTA). It draws insights from bilateral trade disputes between the USA and China, with a specific focus on the enforcement of technology transfer rules and intellectual property-related chapters under the Phase One US-China Economic and Trade Agreement. The study suggests that the co-regulatory approach offers an effective analytical framework for understanding and addressing challenges in enforcing RTAs/bilateral trade agreements. Beyond the context of future enforcement of US–China trade arrangements, it also offers broader insights for states seeking to strengthen the legitimacy and enforceability of technology-related rules in international legal agreements through more participatory, adaptive, and institutionally credible governance design.

Editors-in-Chiefs’ Farewell: editing the Journal of International Economic Law in turbulent times

2026-07-02T00:00:00+00:00

This issue is the final one under our joint editorship. With this issue, we say farewell. It was an honour for the three of us to lead JIEL as your editors-in-chief for the last five and a half years. We greatly enjoyed working with one another, with JIEL’s terrific editorial board and its excellent editorial advisory board, and with hundreds of authors and reviewers. In short, we had a blast.

Welcome Statement from the new Editors-in-Chief

2026-06-13T00:00:00+00:00

As we begin our term as co-Editors-in-Chief, we would like to extend our thanks to Kathleen Claussen, Sergio Puig, and Michel Waibel for the outstanding service that they have offered to the Journal and the profession.

The value of cooperative provisions in free trade agreements: the case of multi-institution fisheries subsidies’ management

2026-06-09T00:00:00+00:00

Abstract

The duty to cooperate in free trade agreements (FTAs) is commonly framed as a ‘soft’ commitment for the parties to work together on a given issue. However, this article deepens and broadens how we understand the duty to cooperate in FTAs. It is deeper in that the duty may include legal obligations to develop norms and improve their implementation, in part by creating an institutional (social) framework through which to do so. It is also broader in that the duty to cooperate can extend beyond the FTA in question, domestically by shaping bilateral and plurilateral initiatives that cascade downward to influence domestic policies, and internationally by creating obligations to advance and strengthen multilateral rules. This article examines fisheries subsidies as a case study to illustrate how cooperative commitments in FTAs function in a multi-institutional context (including the World Trade Organization). It focuses on UK agreements that incorporate the two dominant FTA ‘styles’ (European Union and USA). In doing so, this article explores how different formulations of the duty to cooperate create different types of obligations for the parties with attendant social institutions, generating a multi-institutional framework of norm development. By deepening and broadening the understanding of the duty to cooperate in FTAs, the article contributes to the analysis of international governance across diverse bodies and lays the foundations for further research in other areas that benefit from multi-institutional strategies.

Dissenting for career advancement: how Arbitrators use disagreement to increase their chances of appointment

2026-05-25T00:00:00+00:00

Abstract

Investor–state Dispute Settlement (ISDS) typically involves three-person panels of arbitrators who decide conflicts between foreign investors and host governments in relatively secretive deliberations. In contrast to other forms of adjudication, arbitrators in ISDS need not consider precedent, meaning that dissents are less important for shaping future jurisprudence. Dissents are also rare, occurring in fewer than 15 per cent of cases, but if dissents do not aim to influence the trajectory of law, what purpose do they serve? Arbitrators who dissent may risk their reputation for collegiality. Dissents can, however, serve as ideological signals that help garner future employment. This article considers the incentives for dissents and their impact on the subsequent career prospects of arbitrators. Our contributions to this literature are (i) to integrate the study of dissents in ISDS with a larger literature on dissents; (ii) to expand the data to multiple sets of arbitral rules, (iii) to investigate career possibilities other than serving again as an arbitrator, and (iv) to distinguish dissents according to which party they favour. Using a complete database of the known arbitrators from 1993 to 2022, we show that dissents improve the probability of reappointment as an arbitrator, but they reduce the probability of appointment as a chair/president of the panel and even as an attorney for the claimant. We argue that dissents serve to advertise partisan affinity in ISDS but at some cost to the career paths available to dissenters.

An economic perspective on the ‘reciprocal tariffs’

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

Abstract

This article considers the economic foundation for the Trump administration’s 2025 Executive Order imposing ‘reciprocal tariffs’ under the International Emergency Economic Powers Act (IEEPA). The analysis in the Executive Order rests on numerous historical and economic fallacies, some rather subtle. They undermine each step in the logic of the Executive Order. An understanding of the errors in its logic exposes important flaws in contemporary discourse about US trade and thus has implications that extend well beyond the dispute over the President’s powers under IEEPA. We also address and critique the use of Section 122 of the 1974 Trade Act as a substitute for the IEEPA tariffs.

Trade disputes in ASEAN: optimizing overlooked dispute management mechanisms

2026-05-21T00:00:00+00:00

Abstract

Association of Southeast Asian Nations (ASEAN) was founded in 1967 to maintain peace and stability through the ‘ASEAN way’, a dialogue-based, non-confrontational, and consensus-driven approach. While effective in diffusing tensions, this approach often allowed disputes to fade without resolution. As ASEAN evolved into a rules-based organization, its passive approach to disputes has come under increasing pressure. This article argues that ASEAN does not lack economic disputes, but that the underutilization of its formal dispute settlement system is accommodated by low-profile, non-judicial tools embedded in ASEAN economic agreements, namely transparency obligations, the practice of raising specific trade concerns, and an internet-based problem-solving mechanism. Together, these mechanisms reflect a preventive rather than reactive approach. Their potential, however, is constrained by limited use, design flaws, and institutional limitations. Strengthening their clarity, coordination, and visibility could enhance ASEAN’s capacity for dispute management, complementing rather than replacing its formal dispute settlement framework.

Litigating the limits: preliminary objections and State strategy in ISDS

2026-05-11T00:00:00+00:00

Abstract

Preliminary objections in international legal disputes are ubiquitous and yet are curiously overlooked. Taken at face value, the submission of preliminary objections may reflect a deeply held belief about the bounds of consent a disputing party has given to international third-party adjudication. But it may also manifest strategic action on the part of the respondent to make the dispute settlement process more costly or time-consuming for the complainant, or to signal to future, would-be complainants that they will face similar treatment if they launch a case. In this article, we ask three interrelated questions. First, what types of preliminary objections exist in international legal disputes? Second, to what extent are different preliminary objections used by different States in practice, and how does usage vary over time? Third, what practical and political considerations do States make when filing preliminary objections? We propose a first look at these questions using a unique dataset on preliminary objections in investor–State dispute settlement that draws data from 795 cases over a 25-year period. In creating the dataset, we develop a typology of preliminary objections. We next explore some high-level tendencies in the practice of preliminary objections in investor–State disputes over time. Finally, we present in-depth case studies of Argentine and Canadian litigation practices, respectively, before we discuss future applications of our data and the transposition of our research to other fields.

Friends’ behavior, attitudes, and adolescent substance use: unpacking the moderating role of unstructured socializing

2026-07-24T09:30:47+00:00

Predatory marriage: prevention, protection and proposals for reform

2026-07-24T05:31:39+00:00

Board Gender Diversity and Environmental Performance: Mediating Effects of Green Innovation and Moderating Role of CSR Engagement in Latin America and the Caribbean

2026-07-24T07:56:59+00:00

ABSTRACT

This study investigates the relationship between board gender diversity (BGD) and environmental performance (EP) among manufacturing firms in Latin America and the Caribbean (LAC), with particular focus on the mediating role of green innovation (GI) and the moderating influence of CSR engagement (CSR). Drawing on a balanced panel dataset of 439 manufacturing firms observed from 2010 to 2023, and employing the Dynamic Generalized Method of Moments (GMM) estimator to address endogeneity concerns inherent in corporate governance research, this study contributes to the growing nexus of gender, governance, and sustainability literatures. Three overarching theoretical lenses—Dynamic Capability View (DCV), Stakeholder Theory, and Resource Dependence Theory (RDT)—anchor the conceptual framework. Empirical findings reveal that board gender diversity exerts a significant and positive direct effect on environmental performance. Moreover, green innovation fully mediates this relationship, suggesting that gender-diverse boards catalyze eco-innovation investments that subsequently translate into superior environmental outcomes. Additionally, CSR engagement positively moderates the BGD–EP relationship, amplifying the environmental benefits of gender-diverse governance structures. These results are robust to alternative specifications, endogeneity corrections, and additional robustness tests. Findings carry meaningful implications for policymakers, regulators, and corporate boards seeking to leverage gender-inclusive governance as a lever for sustainable development in emerging market economies. The study contributes novel evidence on the conditional and indirect pathways through which board composition shapes environmental outcomes in a regional context that remains underexplored in the global corporate governance literature.

Financial Health and Environmental Transparency in the Catalan Pharmaceutical Sector (2019–2023)

2026-07-24T04:02:40+00:00

ABSTRACT

This study examines the relationship between financial health (2019–2023) and the transparency of environmental information disclosure in leading Catalan pharmaceutical companies. Based on an economic–financial analysis of financial statements and environmental information reported in accordance with the European Sustainability Reporting Standards, the study evaluates the relationship between financial and environmental indicators. Environmental transparency is measured through a Disclosure Index (DI), defined as the proportion of ESRS-aligned indicators reported, and a Quality of Numerical Disclosure index (DI-N), based on a 0–3 scale assessing the quality of quantitative reporting. The results reveal solid financial health across the sector and a relatively high level of environmental disclosure, with particular emphasis on circular economy and climate change indicators. The relationship between financial performance and environmental disclosure is mixed, suggesting that higher profitability does not necessarily lead to greater environmental transparency. Given the limited number of firms with available sustainability reports, the empirical results should be interpreted as exploratory.

Exploring the relevance of perceived social climate in juvenile forensic settings: a scoping review

2026-07-23T05:21:38+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.

An assessment of the crimes against scheduled castes and scheduled tribes in contemporary India from the lens of Ambedkar’s concept of social justice

2026-07-24T05:39:50+00:00

International Journal of Discrimination and the Law, Ahead of Print.
India’s constitutional framework is grounded in equality, dignity, and social justice, yet caste-based violence against Scheduled Castes (SCs) and Scheduled Tribes (STs) remains persistent across regions. This study examines patterns of crimes against SCs ...

Beyond lost credits: articulation agreements as a pathway to student success and persistence

2026-07-24T04:33:41+00:00

Assessing the relationship between police legitimacy beliefs and criminal behaviour over time: A test of causal direction

2026-07-23T01:45:01+00:00

European Journal of Criminology, Ahead of Print.
This study investigates the direction of the relationship between police legitimacy beliefs and delinquent behaviour using longitudinal data from Swiss adolescents (z-proso study). Employing a random intercepts cross-lagged panel model, we assess whether ...

Leveraging synthetic data to improve open science practices in criminology – releasing a synthetic homicide dataset and dashboard

2026-07-23T01:42:32+00:00

European Journal of Criminology, Ahead of Print.
In criminology, the call for transparency and openness in research practices is resounding louder than ever. FAIR (findable,accessible,interoperable andreusable) and open data are recognized as a necessity to enable replication of criminological ...

Ocean Dumping

2026-07-23T00:00:00+00:00

Vessel Source Pollution

2026-07-23T00:00:00+00:00

Advancing a hierarchy of human rights for energy justice

2026-07-23T00:00:00+00:00

Abstract

The integration of human rights into the framework of energy justice is essential for achieving a just and sustainable global energy transition. Embedding human rights within energy systems provides a foundation for applying justice principles to address systemic inequities. However, the prioritization of human rights in the context of the energy sector’s low-carbon transition remains underexplored. This study investigates which human rights should take precedence during this transition by analysing the issue through theoretical and practical dimensions. Utilizing the five principles of energy justice—procedural, recognition, restorative, distributive, and cosmopolitan—this research evaluates the intersection between human rights and energy justice, and thereby aims to address structural inequalities. This research adopts a case law methodology and socio-legal approach to explore the integration of human rights into energy justice. By analysing 70 judicial cases related to energy and human rights, it illustrates how human rights considerations are reflected in legal practice. The findings establish a hierarchy of human rights relevant to the energy sector, identifying those often overlooked or emphasized through various policy instruments. Establishing a hierarchy is vital, as it provides a point of differentiation for when assessing an energy issue, whether it is by the energy source, energy activity, or geographical aspect. By advancing this understanding, the study aims to enhance the capacity of energy justice frameworks to deliver equitable outcomes and facilitate a just energy transition.

Information fiduciaries for China? A critique

2026-07-23T00:00:00+00:00

Abstract

Information fiduciary, the theory that online platforms owe fiduciary duties to their users in data processing activities, has been proposed to address data privacy problems in the USA. It spurs heated discussions among Chinese scholars, many of whom advocate introducing the concept into Chinese law. However, three areas remain relatively underexplored in existing Chinese studies, including the distinction between information fiduciaries and data trusts, the necessity and feasibility of the transplantation, and the identification of functionally similar local data governance mechanisms.
This article distinguishes between information fiduciaries and data trusts, and argues that there is no need to introduce information fiduciaries into Chinese law for three reasons: the theory was proposed initially to address a unique American legal problem; fiduciary law has not been operating satisfactorily in China; and the theory has not yet been implemented successfully even in the USA.
Chinese law already provides a series of accountability mechanisms that aim to achieve functionally similar goals as intended by information fiduciaries: overcoming the defects of consent and redressing the power imbalance between corporate data processors and individual data subjects. The top priority should be to get these local mechanisms effectively enforced rather than to introduce a foreign legal concept whose utility remains unclear.

Who owns re-identification risk? Recipient-relative identifiability and pseudonymized data after EDPS v SRB

2026-07-03T00:00:00+00:00

Abstract

EDPS v SRB clarifies European Union data protection by making identifiability contextual and recipient-relative, while keeping transparency duties on the original controller fixed at the point of collection.The judgment may have practical implications for data reuse and data-driven development, including artificial intelligence, but these are best understood as downstream effects rather than expressed aims of the Court.It introduces operational uncertainty, re-identification risk is judged with a dynamic ‘reasonably likely’ test, strict transparency may strain data minimization, and treating opinions as personal data may chill internal reporting.The analysis maps how this model sits alongside and recalibrates EDPB guidance and earlier CJEU cases, and argues that the lack of a clear operational test is likely to shape compliance practice and enforcement over time.

A Gendered Exploration of the Relationship Between Prison Program Participation and Parent–Child Contact Among Parents Experiencing Incarceration

2026-07-22T11:51:40+00:00

Who is raising children’s rights? References to children’s human rights in Australian case law

2026-07-23T08:40:37+00:00