Work

The ILC Study on Teachings as Subsidiary Means: Arguments for a Pluralist Reading

Year: 2026

Type: article

Abstract: A key finding to emerge from the ongoing work of the special rapporteur of the International Law Commission (ILC or Commission) on subsidiary means for the determination of rules of international law 1 concerns the systemic lack of diversity in the use of teachings. 2 This finding carries important implications for the legitimacy of using subsidiary means, particularly regarding whose voices are privileged or silenced in legal determination. 3 The special rapporteur noted that international courts such as the International Court of Justice (ICJ) had used teachings from a remarkably narrow cohort of predominantly Western, male voices from elite institutions—perspectives that inevitably reflect a limited range of viewpoints and cultural contexts.

Source: American Journal of International Law

DOI: 10.1017/ajil.2026.10154

Authors: Aldo Zammit Borda, Stefan Mandelbaum, Andrea Maria Pelliconi

Institutions: City St George's, University of London, University of Leicester, University of Southampton

Language: English

Topic: International Law and Human Rights

Subfield: Political Science and International Relations

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: $3,550