Backlash against international courts: explaining the forms and patterns of resistance to international courts

@article{Madsen2018BacklashAI,
  title={Backlash against international courts: explaining the forms and patterns of resistance to international courts},
  author={Mikael Rask Madsen and Pola Cebulak and Michael Wiebusch},
  journal={International Journal of Law in Context},
  year={2018},
  volume={14},
  pages={197 - 220}
}
Abstract The paper investigates and theorises different forms and patterns of resistance to international courts (ICs) and develops an analytical framework for explaining their variability. In order to make intelligible the resistance that many ICs are currently facing, the paper first unpacks the concept of resistance. It then introduces a key distinction between mere pushback from individual Member States or other actors, seeking to influence the future direction of a court's case-law, and… 
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The limits of international adjudication: authority and resistance of regional economic courts in times of crisis
Abstract 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…
Parting ways or lashing back? Withdrawals, backlash and the Inter-American Court of Human Rights
Abstract This paper will analyse instances and threats of withdrawal from the Inter-American Court of Human Rights (IACtHR) in order to assess whether those cases can be qualified as backlash.…
Patterns of avoidance: political questions before international courts
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  • Law
    International Journal of Law in Context
  • 2018
Abstract International courts (ICs) have found themselves dealing with issues that are ‘political’ in nature. This paper discusses the techniques of avoidance ICs have developed to navigate such…
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