ABSTRACT
The paper aims to analyse three centuries of international legislation and its freeze today. The starting point is to identify the prerequisites of international legislation and its good practices. The closure of the “legislative window” is seen because of the segmentation of the international community and a lack of trust among its members. This paper delves into the historical significance and contemporary challenges surrounding multilateral treaty-making, with a focus on the UNCLOS. The failure to convene “codification conferences” and the cessation of multilateral treaty-making were analysed, pointing out, inter alia, fears of expanding treaties, attempts to harden the implementation regime, and the decline of order. The sources and manifestations of states’ reluctance to enter treaties and its implications for international relations are explored. The study ends with a reflection on the potential of transnational civil society to catalyse transformative change in the sphere of international legislation, in the context of an evolving global landscape.
