Resilience Techniques of International Courts in Times of Resistance to International Law

Research output: Contribution to journal › Journal article › Research › peer-review

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Resilience Techniques of International Courts in Times of Resistance to International Law. / Caserta, Salvatore; Cebulak, Pola.

In: International & Comparative Law Quaterly, Vol. 70, No. 3, 07.07.2021, p. 737-768.

Research output: Contribution to journal › Journal article › Research › peer-review

Harvard

Caserta, S & Cebulak, P 2021, 'Resilience Techniques of International Courts in Times of Resistance to International Law', International & Comparative Law Quaterly, vol. 70, no. 3, pp. 737-768. https://doi.org/10.1017/S0020589321000154

APA

Caserta, S., & Cebulak, P. (2021). Resilience Techniques of International Courts in Times of Resistance to International Law. International & Comparative Law Quaterly, 70(3), 737-768. https://doi.org/10.1017/S0020589321000154

Vancouver

Caserta S, Cebulak P. Resilience Techniques of International Courts in Times of Resistance to International Law. International & Comparative Law Quaterly. 2021 Jul 7;70(3):737-768. https://doi.org/10.1017/S0020589321000154

Author

Caserta, Salvatore ; Cebulak, Pola. / Resilience Techniques of International Courts in Times of Resistance to International Law. In: International & Comparative Law Quaterly. 2021 ; Vol. 70, No. 3. pp. 737-768.

Bibtex

@article{5fdf6640aaa14e038184f3b09e322427,
title = "Resilience Techniques of International Courts in Times of Resistance to International Law",
abstract = "International courts (ICs) are increasingly called to adjudicate socially divisive disputes. They, thus, face a particular risk of backlash questioning their authority over such cases and impeding the implementation of their judgments. This article proposes an analytical framework for the resilience techniques deployed by ICs to counter the growing resistance against them. The contextual analysis focuses on the case studies of the Court of Justice of the European Union, which has been rather careful to take a stance with regard to the democratic backsliding in Hungary and Poland, as well as of the Caribbean Court of Justice, which engaged in legal diplomacy while adjudicating on land rights of indigenous groups and LGBTQI rights. We argue that, in order to effectively face challenges to their authority, ICs must deploy resilience techniques to avoid and mitigate backlash and that those resilience techniques cannot be confined to the exercise of their judicial function alone. The successful deployment of resilience techniques can allow ICs to become significant actors in global governance in the age of crisis of the international liberal order.",
author = "Salvatore Caserta and Pola Cebulak",
year = "2021",
month = jul,
day = "7",
doi = "10.1017/S0020589321000154",
language = "English",
volume = "70",
pages = "737--768",
journal = "International and Comparative Law Quarterly",
issn = "0020-5893",
publisher = "Cambridge University Press",
number = "3",

}

RIS

TY - JOUR

T1 - Resilience Techniques of International Courts in Times of Resistance to International Law

AU - Caserta, Salvatore

AU - Cebulak, Pola

PY - 2021/7/7

Y1 - 2021/7/7

N2 - International courts (ICs) are increasingly called to adjudicate socially divisive disputes. They, thus, face a particular risk of backlash questioning their authority over such cases and impeding the implementation of their judgments. This article proposes an analytical framework for the resilience techniques deployed by ICs to counter the growing resistance against them. The contextual analysis focuses on the case studies of the Court of Justice of the European Union, which has been rather careful to take a stance with regard to the democratic backsliding in Hungary and Poland, as well as of the Caribbean Court of Justice, which engaged in legal diplomacy while adjudicating on land rights of indigenous groups and LGBTQI rights. We argue that, in order to effectively face challenges to their authority, ICs must deploy resilience techniques to avoid and mitigate backlash and that those resilience techniques cannot be confined to the exercise of their judicial function alone. The successful deployment of resilience techniques can allow ICs to become significant actors in global governance in the age of crisis of the international liberal order.

AB - International courts (ICs) are increasingly called to adjudicate socially divisive disputes. They, thus, face a particular risk of backlash questioning their authority over such cases and impeding the implementation of their judgments. This article proposes an analytical framework for the resilience techniques deployed by ICs to counter the growing resistance against them. The contextual analysis focuses on the case studies of the Court of Justice of the European Union, which has been rather careful to take a stance with regard to the democratic backsliding in Hungary and Poland, as well as of the Caribbean Court of Justice, which engaged in legal diplomacy while adjudicating on land rights of indigenous groups and LGBTQI rights. We argue that, in order to effectively face challenges to their authority, ICs must deploy resilience techniques to avoid and mitigate backlash and that those resilience techniques cannot be confined to the exercise of their judicial function alone. The successful deployment of resilience techniques can allow ICs to become significant actors in global governance in the age of crisis of the international liberal order.

U2 - 10.1017/S0020589321000154

DO - 10.1017/S0020589321000154

M3 - Journal article

VL - 70

SP - 737

EP - 768

JO - International and Comparative Law Quarterly

JF - International and Comparative Law Quarterly

SN - 0020-5893

IS - 3

ER -

ID: 256634328