Resilience Techniques of International Courts in Times of Resistance to International Law
Research output: Contribution to journal › Journal article › Research › peer-review
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.
|Journal||International & Comparative Law Quaterly|
|Publication status||Accepted/In press - 2022|