Theory of International Law

Page 1 of 40

Feature post image

Beyond Strasbourg: The Chișinău Declaration in Europe’s Multi-Level Human Rights Architecture

July 20, 2026

Birgit Hollaus

Political declarations are not new to the system established through the European Convention on Human Rights (ECHR). The Chișinău Declaration, recently adopted by the Council of Europe’s Committee of Ministers, nevertheless differs from earlier declarations that primarily addressed institutional questions, subsidiarity and the relationship between Strasbourg and domestic authorities. It engages directly with substantive questions under Articles 3 and 8 ECHR in the sensitive field of migration, articulating expectations concerning Convention obligations and flagging doctrinal questions, such as the scope for the expulsion of certain groups of migrants. These substantive dimensions have understandably attracted considerable scholarly attention and prompted concern and criticism. The Chișinău Declaration’s novelty extends beyond these substantive dimensions, though. For the first time, a political declaration expressly addresses domestic courts alongside the ECtHR. This move matters. Domestic courts occupy a central position within the Convention system. Yet they also form part of a broader interpretative environment in which Convention rights are interpreted and applied by judicial and quasi-judicial actors operating within and beyond that system.

Constitution or Compass? A Quiet Renegotiation of the Maritime Order

July 7, 2026

Vito De Lucia

Constitution or Compass? A Quiet Renegotiation of the Maritime Order Vito De Lucia In June 2026, the China Institute for Marine Affairs published a substantial assessment of the United Nations Convention on the Law of the Sea (Assessment Report on the United Nations Convention on the Law of the Sea: Achievements,…

Eurovision, Non-Recognition and Bangaranga?!

June 2, 2026

Michael John-Hopkins

Bulgaria won the 70th Eurovision Song Contest in Vienna with Dara’s “Bangaranga”; Israel finished second; and five countries, Ireland, Spain, the Netherlands, Slovenia and Iceland, stayed away in protest at Israel’s participation. That combination, spectacle, boycott and contested belonging, is a useful entry point into a wider legal problem. Eurovision is not the United…

We Need A Global War Powers Resolution

May 28, 2026

Philip Allott

The times has come to do something about the scourge of war. It is shocking that, in the twenty-first century, the interacting of the minds of two men could cause a world war affecting all human beings everywhere. Despite the notoriously impulsive nature of their personalities, much analysed by commentators, these two men could have known…

Two(ish) Weeks in Review: 6 April—1 May 2026

May 3, 2026

Sebastian von Massow

In a slightly extended version of Two Weeks in Review, we take in fundamental questions about what happens when law and lawyers seek or refuse to justify illegal actions, “relocation orders” issued by Israel in Gaza and Lebanon, the closing of the Strait of Hormuz, Australian soldiers and Belgian consular officials in domestic courts for international crimes, the…

Page 1 of 40
Last

Popular in Theory of International Law

Oxford University Press Debate Map on Ukraine

March 14, 2014

Dapo Akande

Over the past couple weeks, there has been a flurry of writing on this blog (see here, here,…

Does “Russian international law” have an international academic future?

September 21, 2015

Maria Issaeva

Since Russia's annexation of Crimea in March 2014, we have had a chance to hear quite a few arguments advanced by Russian scholars at various legal conferences and law journals (see, for example, here and here) regarding the situation in Crimea, all purporting to justify the annexation of the peninsula by Russia. Most of these arguments…

International Law in the Age of Trump

February 28, 2017

Monica Hakimi

In the second month of Donald Trump’s presidency, we still know little about his foreign policy agenda. He regularly said things during the campaign that suggested a radical departure from longstanding tenets of U.S. foreign policy. And during his first month in office, he caused more than his fair share of diplomatic offense and confusion.

International Law and the Construction of the Liberal Peace: An Introduction

November 14, 2014

Russell Buchan

I am delighted that the editors of EJIL: Talk! have agreed to host a discussion of my recently published monograph, which is entitled International Law and the Construction of the Liberal Peace and published by Hart. I am especially delighted that Professor Jean d’Aspremont, Professor Greg Fox and Professor Brad Roth have agreed to act as discussants.