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Why international law is failing as a discipline: Geopolitics, legality without order, and the limits of cartographic vision

Published online by Cambridge University Press:  29 September 2026

Nikolas M. Rajkovic*
Affiliation:
Tilburg University Faculty of Law , Tilburg, Netherlands
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Abstract

International law today inhabits a difficult paradox. Public confidence in its capacity to constrain geopolitical violence, regulate economic coercion, or respond to planetary risk appears increasingly thin. Armed conflict persists amid allegations of legal violation with limited remedial effect; trade measures reorganize markets while evading multilateral scrutiny; and climate governance oscillates between ambitious commitments and weak enforcement. For many observers beyond the discipline, international law appears politically ineffective or normatively exhausted. Yet this erosion of external confidence has not produced disciplinary decline. Inside the field, scholarship and doctrinal production remain vigorous, and legal expertise continues to structure significant domains of governance. The resulting condition is not collapse but misalignment between international law’s internal productivity and its capacity to function as a publicly legible language of authority and ordering. This article argues that the misalignment reflects a condition of disciplinary failing. Public international law remains oriented toward canonical objects – treaties, custom, and adjudication – even as authority is increasingly exercised through operational legalities embedded in sanctions infrastructures, compliance architectures, contractual layering, and related governance systems. Legal ordering has not receded; rather, legality has been redistributed into environments that international law is poorly equipped to register. Conceptualizing this condition as legality without order, the article argues for spatial reflexivity, visual literacy, and interdisciplinary method as necessary adjustments if international law is to recover analytical purchase on contemporary formations of legal authority without abandoning its normative ambition.

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Type
ORIGINAL ARTICLE
Creative Commons
Creative Common License - CCCreative Common License - BY
This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution and reproduction, provided the original article is properly cited.
Copyright
© The Author(s), 2026. Published by Cambridge University Press on behalf of The Foundation of the Leiden Journal of International Law in association with the Grotius Centre for International Law, Leiden University