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ESIL Newsletter Winter 2026
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Message of the President
- Christian J. Tams -
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It‘s
been quite a start to the new year: US military action in
Venezuela — aggressive claims to Greenland - a new Board of Peace
launched at Davos which, according
to its chairman,
might one day supersede the UN - and now, since 28 February,
massive strikes by the US and Israel against Iran, prompting
responses across the region. And all this while conflicts in
Sudan, Ukraine and Palestine continued unabated.
A new global security order?
In debates accompanying these escalations, the contours of a new
global security order emerged into view, exciting some and
frightening many — a reconstruction
of international law very different from the one
we envisaged at ESIL's last Annual
Conference
in Berlin. In the current “reconstruction effort”, international
law typically appears weak: its prohibitions seem unable to
constrain state conduct, and their violation is often passed over
smugly. But contrary
to their own assertions, protagonists of the new order, including US
President Trump, do need international law. The various
presidential peace plans for Gaza, Ukraine, and DRC envisage
binding treaties; the Board of Peace is founded on a 'Charter’ that sets up an
international organisation with legal personality and
immunity. The functions of international law may evolve in
its attempted reconstruction, but its forms persist. This is no
cause for complacency; perhaps it is in fact a cause for concern.
It helps deal with the 'end of international law' claims,
though, which are as predictable as they are short-sighted.
Elsewhere,
beyond global security, the start of the year has brought much
international action that fits more easily with traditional
patterns and functions, notably in the field of law-making.
Within a few days — barely a week from the launch of the Board of
Peace at Davos — the BBNJ treaty entered into force (17 January),
potentially transformative mega-deals between the EU, Mercosur,
and India were announced (19/26 January), and negotiations
towards the long-awaited Crimes against Humanity Convention began
(19 January). In the very same week, the ICJ continued to hear
genocide claims against Myanmar; ICSID released case-load
statistics showing record numbers of investor-State dispute
settlement; and judges in The Hague finalised the Bonaire
judgment, the latest Dutch decision pushing the boundaries of
climate change litigation.
Slogans and nuance
Coincidence? Synchronicity? 'Too early to tell', wise lawyers
will likely respond. What seems clear is that in the feverish
debates of early 2026, international law remains ubiquitous: at
times guiding action, and often failing to; regularly providing
benchmarks for assessing conduct; and throughout supplying the
forms that solidify political agreement. To present all
this as a sudden move from ‘the
rule of law to the law of the jungle’
- or a rupture
marking the end of a rules-based order -
has rhetorical appeal and may help channel anxieties. Yet it
fails to capture international law’s evolving and enduring roles
and offers slogans where nuance and reflection are called for.
ESIL
is not a slogan society. Many ESIL members have reacted to the
crises and developments of early 2026 by offering expertise,
counsel, and nuance. Without claiming to be either
comprehensive or representative, let me list some recent
interventions by ESIL members, from which I learned — and which
may be worth your while:
- Jessica
Schechinger’s succinct assessment of the BBNJ
agreement, whose entry into force is by no means mere
symbolism, but “has the potential to be practically relevant
and impactful”;
- Jörg
Polakiewicz’s take on the CAH
treaty negotiations, which offer “a historic opportunity to
close [a] gap” in international criminal law;
- Sophie
Starrenburg‘s and Flore Heinrich's analysis of the Bonaire
case, which highlights the district court’s recognition of
violations of cultural rights resulting from climate change;
- finally, Antonios
Tzanakopoulos’ engaging testimony before the (UK)
House of Commons Foreign Affairs Committee on the use of
force in Venezuela: expert views offered in accessible
language, almost entirely avoiding tortured legalese.
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Rapid Response Roundtables and the Kraków Research
Forum
Complementing these efforts at “promoting a greater awareness and
understanding of international law” (see Article
3 of our Articles), ESIL organised two online panels to reflect
on events of early 2026. In the first of these Rapid Response Roundtables,
Daniel Peat chaired a discussion between Justina Uriburu, Astrid
Kjeldgaard-Pedersen, Alejandro Chehtman, and André Nollkaemper
about the implications of US actions in Venezuela and Greenland
(‘What
Next for International Law?’). A few weeks later, I had the pleasure
of moderating ESIL’s second Rapid
Response Roundtable, in which Anne Peters, Simon
Chesterman and Peter Quayle reflected on the launch, in Davos, of
the new Board of Peace (‘Corporate
Global Governance?’).
Both Roundtables
offered nuance, not slogans. Both were recorded, so if you missed
them or want to re-watch, check out the new
section
on the ESIL website. Looking ahead, we aim to make Rapid Response Roundtables
a regular feature, and I hope to be able to say more
on this in the next Newsletter in June.
By
then, in June, the next big event in the ESIL year will be behind
us. Next month, on 9-10 April, the Jagiellonian University in the
wonderful city of Kraków will host this year‘s ESIL Research Forum on
'Sustainable International Law‘. The programme
looks great: 36 panel presentations have been selected from the
106 abstracts that were sent in, and between them - and the
keynote (by Professor Petra Minnerop) and concluding roundtable -
the Research Forum will offer a deep dive into sustainability law.
While registrations have now closed, this video
shows what those not joining will be missing. Many thanks to the
local team led by Lena Helińska and Piotr Szwedo!
More on ESIL events
A few updates on conferences and their fallout:
Papers
presented at last year's ESIL Research Forum in Catania have now
been published in our Working Paper series and are freely
available here.
Many thanks to all presenters, and to Patryk Labuda, Federica
Paddeu, Armando Rocha, and Paulina Rundel for their work!
Thanks
also to Kyra Wigard, who reflects on the theme of ESIL's last
conference ('Reconstruction') in a thoughtful essay
now published in the EJIL. It is a short piece that distils key
themes and challenges of the 3 days of wide-ranging debates, and
that brought back memories. One of the essay’s concluding
thoughts to me seemed particularly resonant: that the conference
offered a "space,
however temporary, where the foundations could be examined, the
cracks acknowledged and the possibilities of rebuilding
imagined". Perhaps, indeed,
"reconstruction begins there".
Alongside
the regular, annual events, we have continued the tradition of
joint events in collaboration with international courts: On 6
March, ESIL
and the ICC co-hosted a conference on 'Artificial Intelligence
and International Criminal Justice‘ in The Hague
(details).
This was the first conference co-organised by judges of the ICC,
and ESIL is delighted to have played a part in this ‘first’.
I am grateful to the convenors, Judges Iulia Motoc and Gocha
Lordkipanidze, and ESIL‘s Vice-President, Ganna Yudkivska, for
making it happen!
Looking
ahead, our series of joint events continues, with the first
ESIL-SLADI Junior Faculty Forum: following up on a similar
ESIL-Leuphana event
held last year, this forum aims to enable in-depth engagement
with the work of early-career scholars. It is the next step in
ESIL’s collaboration with our sister society, the Latin American Society of International Law,
which we hope to deepen and broaden in the coming years. Check
out the call for papers here.
Finally,
our next annual conference: in early September, we will meet in
Málaga for discussions on the theme of 'International Law and
Conflict'. The conference
website
is now live, and committees are sifting through abstracts to
select agora presenters. Registration will open soon — please
block 3-5 September, and let's make this a big event.
The time of plans and projects
I am writing this in the dying days of winter, as crocuses and a
milder sun already herald the arrival of spring — 'the time of
plans and projects': may yours be bold and fulfilling, and
crowned with success.
Christian J. Tams
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Guest Editorial
Featured Research
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James Devaney
Professor of
International Law
University of
Glasgow
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Matina Papadaki
Lecturer in
International Law
University of
Glasgow
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IPLR Hub:
Beyond Bilateralism?
Trends in
International Adjudication and Procedural Manifestations
The recent undermining of multilateral institutions has left them
ill-equipped to deal with the pressing issues of our time.
Whether it be Security
Council inaction
on Ukraine and, until
recently,
on Gaza, the UN liquidity
crisis,
or the failure to make progress on common concerns such as climate
change
or plastics,
there is no shortage of examples of the frustration of
multilateral coordination.
Curiously, however, international courts appear to be bucking
this trend. Perhaps as a result of the unavailability of
multilateral institutions, States appear to be increasingly
pursuing multilateral goals through international courts. At the
International Court of Justice, for example, States have
intervened en masse with regard to fundamental legal norms such
as the prohibition of genocide, and participated to an unprecedented
extent in the Court’s advisory proceedings relating to climate
change,
and the legal consequences of Israel’s continued occupation of Palestinian
territory.
There are even real attempts to create new dispute settlement
mechanisms, in the context of UNCITRAL’s
Working Group III,
where States are debating well-developed proposals for a permanent
tribunal
for international investment disputes, and a permanent
appellate tribunal.
The International Procedural Law Research Hub (IPLR
Hub),
a network of scholars and practitioners working on procedural law
issues, met at the University of Glasgow and online on 12-13
February 2026 to discuss certain procedural implications of
pursuing multilateral goals through international courts. By examining
four distinct topics, namely provisional measures, intervention,
advisory proceedings and case management, IPLR Hub members sought
to draw out the implications of using international courts in
this way, in light of the fact that they were designed with a
bilateral dispute settlement model in mind.
The workshop followed a collaborative knowledge-exchange model,
whereby participants contributed to thematic, semi-structured
discussions. Rather than having in mind the goal of presenting
papers, participants brought their pre-existing knowledge and professional
experience to the table to critically examine the main theme of
the workshop. In this way, the focus of the workshop was on
process, rather than on outcome, as we work to establish the IPLR
Hub as a focal point for research on procedural law in the
future.
As such, the following is not a reproduction of the discussions,
or an output in any traditional sense, but rather one
illustration of an issue from each session that we had in mind
when organizing the workshop.
Beginning with provisional measures, we noted that recent changes
to the Article
78
of the Court’s Rules (which makes States’ reports relating to
their compliance with provisional measures available to the
public) potentially introduce a new, multilateral dimension into
otherwise bilateral proceedings. Through being provided access to
such reports, the international community as a whole can monitor
the observance of binding obligations, and potentially play a
bigger role in bringing to bear, for example, political pressure
on States. Although, it has already been noted, the amendment might
in practice have unintended
consequences.
Similarly, with regard to attempts to utilize intervention for
multilateral purposes, we envisaged that, beyond ‘mass
intervention’
under Article 63 of the Court’s Statute in cases like Ukraine
v Russia,
there is also the potential to introduce multilateral concerns
through Article 62 interventions, with regard to erga
omnes obligations –
something that the Court has not addressed to date.
Thirdly, concerning the Court’s advisory jurisdiction, we
imagined that multilateral considerations would perhaps lend
themselves most easily to the pursuance of multilateral concerns,
given that such requests do not come about as a result of a
purely bilateral process, and participation is not limited to
States. Nevertheless, much
discussion
the recent use of the around the Court’s advisory jurisdiction
has centred on how and whether bilateral disputes fit within it.
We were also keen to put the issue of case management on the
agenda, in light of the ICJ’s full docket and the opportunities
and challenges that greater and more diverse use of its
contentious and advisory jurisdiction present. For instance, we
have already seen how the ICJ has begun
to address the
newfound popularity of intervention, in particular with respect
to Article 86(2) of its Rules which gives the ICJ discretion as
to whether Article 63 interveners will present observations in
the oral proceedings. But how is it to deal with a simultaneous
increase in requests for provisional measures or advisory
proceedings which are given priority over other cases? And more
importantly, how will it protect other procedural values such as
efficiency, equality of arms, and the good administration of justice.
If one thing emerged from discussions in person and online, it
was that there is an intriguing mixture of new rules and new
practice with regard to some of the issues considered. As we
write not too long after the end of almost three
weeks of oral proceedings in Gambia v Myanmar, and with South Africa v
Israel perhaps not
too far behind,
we will watch with great interest how some of the procedural
ramifications of the pursuance of multilateral concerns through
international adjudication will play out, and look forward to
further considering them in future activities of the IPLR Hub in Glasgow
and elsewhere.
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Learn more about the ESIL Community
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Piotr Szwedo
Associate
Professor, Jagiellonian University, Kraków
and
ESIL Research Forum 2026 Programme Committee Member
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Lena Helińska
Researcher,
Jagiellonian University, Kraków
and
ESIL Research Forum 2026 Programme Committee Member
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ESIL Membership 2026: Renew Now!
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Starting
from 1 November 2025, scholars, practitioners, judges,
researchers, and students are once again invited to join or renew
their membership and become part of ESIL’s vibrant international
law community throughout 2026 and beyond.
Why join ESIL in 2026?
Connect
with
a dynamic, global network of international law professionals.
Save
with reduced registration fees at ESIL’s annual conference — your
gateway to cutting-edge debates and partnerships.
Engage
with one or more of ESIL’s 22 specialised Interest Groups and
collaborate with peers who share your interests.
Contribute
and stay informed with regular updates,
newsletters, and member-only opportunities — publish your
reflections, share events, and take part in mentoring programmes.
Shape the
future — as a member, you have the right to vote
in ESIL Board elections and help guide the Society’s direction.
Ready to join or renew?
➡️ Learn more
at ESIL
Membership General Information
➡️
Purchase or renew your membership for 2026 via the
ESIL membership online payment platform
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ESIL Rapid Response Roundtables
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ESIL Rapid Response
Roundtables facilitate timely, expert-driven discussion of
pressing developments in international law.
More details on next sessions and recordings of the previous
sessions "What
Next for International Law? Discussing the Implications of Recent
U.S. Actions" and "Corporate Global
Governance? President Trump’s Board of Peace & International
Law" are
now available on the ESIL
website.
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ESIL Research Forum 2026
“Sustainable
International Law. Reconciling Stability and Change”
(Kraków, 9-10 April 2026)
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The 2026 ESIL
Research Forum, set to take place on 9–10 April 2026 in
Kraków, will be hosted by the Centre for Advanced Sustainability
Studies and the Jagiellonian University.
This unique forum
is designed to foster rich discussions on “Sustainable International
Law. Reconciling Stability and Change”, and it will
delve deep into how international law can maintain legal
certainty while effectively regulating the social, economic, and
environmental transformations of our volatile world.
Visit the
ESIL Research Forum 2026 website for the
programme and for more information on the 2026 ESIL Research
Forum.
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ESIL Annual Conference 2026
“International Law and Conflicts: An
Enduring Tension?”
(Málaga, 3-5 September 2026)
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The preparations
for the 21st Annual ESIL Conference are well underway.
The Programme Committee is working diligently to ensure an
engaging and enriching program that reflects the Society’s
commitment to excellence in international law scholarship.
Visit the ESIL
Annual Conference 2026 website for more
information.
We look forward to welcoming you and fostering meaningful
discussions during this important event.
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ESIL Joint and Supported Events
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The ESIL
Lecture Series hosts
broadcasts of presentations on international law topics held at
partner institutions, allowing the presentation to reach a wider
audience of ESIL members and non-members alike.
Recordings of the ESIL lectures are available on the ESIL YouTube
Channel.
To propose an ESIL lecture, please refer to the Guidelines.
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ESIL Teaching Corner and Teaching Corner Webinars
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In today’s era of permacrisis,
engaging new generations in the study of international law is
more important than ever.
The ESIL
Teaching Corner Webinar Series seeks to fill a
critical gap: while much attention is given to what should be
taught, very little focuses on how
to teach international law effectively. These webinars will
explore innovative teaching models—such as moot courts, legal
clinics, and even creative approaches like films and
theatre—while fostering academic dialogue on pedagogy.
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The
next ESIL Teaching Corner Webinar on "Movies, TV Series and Teaching
International Law" is scheduled on 30 March
2026. Click here for more
information, and visit this
page for the recordings
of the previous sessions.
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ESIL
Book Series publishes
high-quality volumes on various international law themes. The
good news is that the ESIL Board has broadened the scope of the
ESIL Book Series beyond the themes of ESIL Annual Conferences and
ESIL Joint Events.
Proposals based on IG events, other ESIL events, and ESIL
members' proposals within the scope of the Book Series are
welcome. Potential editors are welcome to contact the General
Editor to help shape the future of ESIL scholarly
publications.
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The ESIL
Proceedings feature papers
presented at ESIL events (Annual Conferences, Research
Fora, and Interest Group events).
Publication in the ESIL Proceedings enables authors to
disseminate their work widely and reach broader audiences without
the usual delays associated with more traditional means of
publication. Publication in the ESIL Proceedings does not
prevent the subsequent publication of papers in academic journals
or edited collections.
ESIL
Proceedings are included in the EUI
CADMUS Research Repository,
and all the papers presented at previous events
until 2024 are available here.
For further information, please do not hesitate to write to esil.papers@gmail.com.
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The
ESIL Reflections offer up-to-date
reflections on current issues in international law in the form of
short papers that at argue one particular point that may
trigger further debate in the scientific community.
The Reflections
cover a wide range of topics relating to current developments in
international law and practice as well as theoretical reflections
in a way that is relatively accessible to non-experts. The aim is
to foster discussion between ESIL members and international law
scholars and practitioners more generally – in Europe, but also
beyond. ESIL
ESIL Members who
have an interest in contributing are encouraged to visit the
dedicated webpage for further
information.
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News from ESIL Interest Groups
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ESIL
Interest Groups (IGs) are a vital part of the Society's success and
activities. A list
of the groups is available on the
ESIL website.
The IGs are organising events throughout the year, along
with pre-research forum and pre-annual conference workshops.
More information can be found here.
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ESIL Interest Groups
Pre-Research
Forum Workshops 2026
In the context of the ESIL Research Forum 2026 in Kraków, ESIL
Interest Groups are organising online workshops occurring in the
days preceding the Forum.
More information is available here.
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ESIL Interest Groups
Pre-Annual
Conference Workshops 2026
In the context of the ESIL Annual Conference 2026 in Málaga,
ESIL Interest Groups are inviting submissions for their
pre-conference workshops and agora panel proposals.
More information is available here.
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