Salvatore Caserta
Dados Biográficos
| ID | 5699295 |
|---|---|
| NOME | Salvatore Caserta |
| PRENOMES | Salvatore |
| SOBRENOME | Caserta |
| ASSINATURA | CASERTA S |
| AFILIAÇÕES | University of Copenhagen |
| ORCID | 0000-0002-6279-2280 |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 10 |
| TOTAL DE CITAÇÕES | 16 |
| TOTAL COMO AUTOR | 10 |
| TOTAL COMO EDITOR | 0 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 2016 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2026 |
| ÍNDICE H | 2 |
From “Global Scripts” to “Street Fights”
This article argues that the globalization of law is not collapsing under contemporary pressures but is instead being reconfigured through intensified contestation and shifting political alignments. While post-Cold War scholarship often portrayed legal globalization as a linear expansion of liberal legality, anchored in human rights, rule of law, and international institutions, recent developments have defied that narrative. Challenges to the leg…
When the Sun, the Moon and the Stars Align
This article analyses LGBTQIA+ rights and death penalty litigation in the Caribbean and East Africa before and after the establishment of new regional international courts. LGBTQIA+ rights and the death penalty are both difficult and contested issues where global movements and litigation strategies easily clash with local sentiments. For litigation to have an impact in such issue areas, the article finds that three elements must align. First, the…
New Technologies and Law Firms—An Uneasy Relationship
The digitalization of law has become a mantra. Law firms across the globe have begun to invest in legal-tech solutions to maintain a competitive edge in an increasingly changing market of legal services providers. While for many this foresees a disruption in the dynamics of the legal field, law firms have proved relatively resilient to radical change. With few exceptions, law firms continue to practice law as usual, while adding a few innovative …
The situated and bounded rationality of international courts
Understanding international judicial behaviour requires the development of a perspective that considers both individual and collective action. On the one hand, individual judges are influenced and shaped by their background and trajectory prior to their international judicial appointment; on the other hand, when appointed to international courts, they become part of a particular social setting and group dynamic. The article provides an interpreti…
Western centrism, contemporary international law, and international courts
The article unpacks the notion of western centrism in contemporary international law by developing a framework to capture its varied patterns. It argues that western centrism can have three different manifestations – systemic, evaluative, and professional – depending on whether it refers to the rationality, the narratives, or the actors at play in the international legal field. The article then discusses three theoretical approaches that can help…
Resilience Techniques of International Courts in Times of Resistance to International Law
International courts are increasingly called upon to adjudicate socially divisive disputes. They are therefore exposed to a heightened risk of backlash that questions their authority and impedes the implementation of their judgments. This article puts forward an analytical framework for mapping the resilience techniques used by international courts to counter this growing resistance. Case studies involve the Court of Justice of the European Union…
The Contribution of the Caribbean Court of Justice to the Development of Human and Fundamental Rights
This article highlights some of the most important legal developments of the CCJ with the goal of clarifying its role as a human and fundamental rights Court. The article also assesses these legal developments in the light of the Court’s authority. I argue that, through its case-law, the CCJ has succeeded in formally becoming a central player in the enforcement of human and fundamental rights in the region. In particular, the Court has shown a re…
The limits of international adjudication
The paper compares the involvement of four regional economic courts in legal disputes mirroring constitutional, political and social crises at national or regional levels. These four judicial bodies of the EU, the Andean Community, the East African Community and the Central American Integration System have all faced varied forms of resistance to their involvement and their general authority. By comparing these four case-studies from across the gl…
Regional Integration through Law and International Courts – the Interplay between De Jure and De Facto Supranationality in Central America and the Caribbean
The article proposes an innovative theoretical framework outlining preconditions for Regional International Courts (RICs) to act as engines of supranationality in different institutional and socio-political contexts. In so doing, the article nuances the theoretical approaches to supranationality and supranational adjudication. The article focuses on the Central American Court of Justice (CACJ) and the Caribbean Court of Justice (CCJ). Both courts…
Tomlinson v. Belize; Tomlinson v. Trinidad and Tobago
This article is a commentary on two of the latest decisions of the Caribbean Court of Justice (CCJ), Tomlinson v. Belize, and Tomlinson v. Trinidad and Tobago. In these two cases, the CCJ was called to rule over the legality under the Treaty of Chaguaramas of the Immigration Acts of Belize and Trinidad and Tobago, both of which contain express provisions banning the entry of homosexuals into those two countries. The CCJ rejected the two cases by …
Resilience Techniques of International Courts in Times of Resistance to International Law
International courts are increasingly called upon to adjudicate socially divisive disputes. They are therefore exposed to a heightened risk of backlash that questions their authority and impedes the implementation of their judgments. This article puts forward an analytical framework for mapping the resilience techniques used by international courts to counter this growing resistance. Case studies involve the Court of Justice of the European Union…
Regional Integration through Law and International Courts – the Interplay between De Jure and De Facto Supranationality in Central America and the Caribbean
The article proposes an innovative theoretical framework outlining preconditions for Regional International Courts (RICs) to act as engines of supranationality in different institutional and socio-political contexts. In so doing, the article nuances the theoretical approaches to supranationality and supranational adjudication. The article focuses on the Central American Court of Justice (CACJ) and the Caribbean Court of Justice (CCJ). Both courts…
The situated and bounded rationality of international courts
Understanding international judicial behaviour requires the development of a perspective that considers both individual and collective action. On the one hand, individual judges are influenced and shaped by their background and trajectory prior to their international judicial appointment; on the other hand, when appointed to international courts, they become part of a particular social setting and group dynamic. The article provides an interpreti…
Western centrism, contemporary international law, and international courts
The article unpacks the notion of western centrism in contemporary international law by developing a framework to capture its varied patterns. It argues that western centrism can have three different manifestations – systemic, evaluative, and professional – depending on whether it refers to the rationality, the narratives, or the actors at play in the international legal field. The article then discusses three theoretical approaches that can help…
Tomlinson v. Belize; Tomlinson v. Trinidad and Tobago
This article is a commentary on two of the latest decisions of the Caribbean Court of Justice (CCJ), Tomlinson v. Belize, and Tomlinson v. Trinidad and Tobago. In these two cases, the CCJ was called to rule over the legality under the Treaty of Chaguaramas of the Immigration Acts of Belize and Trinidad and Tobago, both of which contain express provisions banning the entry of homosexuals into those two countries. The CCJ rejected the two cases by …
The limits of international adjudication
The paper compares the involvement of four regional economic courts in legal disputes mirroring constitutional, political and social crises at national or regional levels. These four judicial bodies of the EU, the Andean Community, the East African Community and the Central American Integration System have all faced varied forms of resistance to their involvement and their general authority. By comparing these four case-studies from across the gl…
Tomlinson v. Belize; Tomlinson v. Trinidad and Tobago
This article is a commentary on two of the latest decisions of the Caribbean Court of Justice (CCJ), Tomlinson v. Belize, and Tomlinson v. Trinidad and Tobago. In these two cases, the CCJ was called to rule over the legality under the Treaty of Chaguaramas of the Immigration Acts of Belize and Trinidad and Tobago, both of which contain express provisions banning the entry of homosexuals into those two countries. The CCJ rejected the two cases by …
Regional Integration through Law and International Courts – the Interplay between De Jure and De Facto Supranationality in Central America and the Caribbean
The article proposes an innovative theoretical framework outlining preconditions for Regional International Courts (RICs) to act as engines of supranationality in different institutional and socio-political contexts. In so doing, the article nuances the theoretical approaches to supranationality and supranational adjudication. The article focuses on the Central American Court of Justice (CACJ) and the Caribbean Court of Justice (CCJ). Both courts…
The Contribution of the Caribbean Court of Justice to the Development of Human and Fundamental Rights
This article highlights some of the most important legal developments of the CCJ with the goal of clarifying its role as a human and fundamental rights Court. The article also assesses these legal developments in the light of the Court’s authority. I argue that, through its case-law, the CCJ has succeeded in formally becoming a central player in the enforcement of human and fundamental rights in the region. In particular, the Court has shown a re…
The limits of international adjudication
The paper compares the involvement of four regional economic courts in legal disputes mirroring constitutional, political and social crises at national or regional levels. These four judicial bodies of the EU, the Andean Community, the East African Community and the Central American Integration System have all faced varied forms of resistance to their involvement and their general authority. By comparing these four case-studies from across the gl…
Western centrism, contemporary international law, and international courts
The article unpacks the notion of western centrism in contemporary international law by developing a framework to capture its varied patterns. It argues that western centrism can have three different manifestations – systemic, evaluative, and professional – depending on whether it refers to the rationality, the narratives, or the actors at play in the international legal field. The article then discusses three theoretical approaches that can help…
Resilience Techniques of International Courts in Times of Resistance to International Law
International courts are increasingly called upon to adjudicate socially divisive disputes. They are therefore exposed to a heightened risk of backlash that questions their authority and impedes the implementation of their judgments. This article puts forward an analytical framework for mapping the resilience techniques used by international courts to counter this growing resistance. Case studies involve the Court of Justice of the European Union…
New Technologies and Law Firms—An Uneasy Relationship
The digitalization of law has become a mantra. Law firms across the globe have begun to invest in legal-tech solutions to maintain a competitive edge in an increasingly changing market of legal services providers. While for many this foresees a disruption in the dynamics of the legal field, law firms have proved relatively resilient to radical change. With few exceptions, law firms continue to practice law as usual, while adding a few innovative …
The situated and bounded rationality of international courts
Understanding international judicial behaviour requires the development of a perspective that considers both individual and collective action. On the one hand, individual judges are influenced and shaped by their background and trajectory prior to their international judicial appointment; on the other hand, when appointed to international courts, they become part of a particular social setting and group dynamic. The article provides an interpreti…
When the Sun, the Moon and the Stars Align
This article analyses LGBTQIA+ rights and death penalty litigation in the Caribbean and East Africa before and after the establishment of new regional international courts. LGBTQIA+ rights and the death penalty are both difficult and contested issues where global movements and litigation strategies easily clash with local sentiments. For litigation to have an impact in such issue areas, the article finds that three elements must align. First, the…
From “Global Scripts” to “Street Fights”
This article argues that the globalization of law is not collapsing under contemporary pressures but is instead being reconfigured through intensified contestation and shifting political alignments. While post-Cold War scholarship often portrayed legal globalization as a linear expansion of liberal legality, anchored in human rights, rule of law, and international institutions, recent developments have defied that narrative. Challenges to the leg…
Political science (9 obras) · Law (7 obras) · Law (5 obras) · International Arbitration and Investment Law (4 obras) · International Law and Human Rights (4 obras) · Economics (3 obras) · Sociology (3 obras) · Computer Science (2 obras) · European and International Law Studies (2 obras) · Human rights (2 obras)