Resilience Techniques of International Courts in Times of Resistance to International Law
Bibliographic Data
| ID | 9928127 |
|---|---|
| Authors | Salvatore Caserta (0000-0002-6279-2280, corresponding author), Pola Cebulak (0009-0004-9295-772X) |
| Year | 2021 |
| Volume | 70 |
| Issue | 3 |
| Pages | 737-768 |
| Publication date | 2021-07-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International and Comparative Law Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0020-5893 • E-ISSN: 1471-6895 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0020589321000154 |
| OpenAlex | W3178350383 |
| Language | EN |
| Citations received | 7 |
| References cited | 5 |
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, which has been cautious in its stance regarding democratic backsliding in Hungary and Poland, and the Caribbean Court of Justice, which has engaged in legal diplomacy while adjudicating both on the land rights of indigenous groups and on Lesbian Gay Bisexual Transgender Queer and Intersex (LGBTQI) rights. It is argued that, in order to effectively avoid and mitigate backlash, international courts should deploy resilience techniques that go beyond merely exercising their judicial function. The successful deployment of resilience techniques can allow international courts to become significant actors in global governance during a time of crisis for the international liberal order
International law · Law and economics · Physics · Political science · Resilience (materials science · Resistance (ecology · Sociology · Global Security and Public Health · International Law and Human Rights · Law · Peacebuilding and International Security
Signalling in European Rule of Law Cases
The Role of Judicial Associations in Resisting Rule of Law Backsliding
Resilience and transnational financial regulation
Leveling and Spotlighting
Organizational sense-making in international institutions
Complementarity and Public Views on Overlapping International and Domestic Courts
The light and the dark side of judicial resistance
| Citations per year | 2.33 |
|---|---|
| Citation span | 2023 - 2026 (4) |
| Highly cited | No |