Backlash Against International Courts: Explaining the Forms and Patterns of Resistance to International Courts

Mikael Rask Madsen; Pola Cebulak; Micha Wiebusch

doi:10.1017/S1744552318000034

Backlash Against International Courts: Explaining the Forms and Patterns of Resistance to International Courts

Mikael Rask Madsen, Pola Cebulak, Micha Wiebusch

Centre of Excellence for International Courts and Governance

37 Citations (Scopus)

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 actual backlash - a critique triggering significant institutional reform or even the dismantling of tribunals. On the basis on the proposed theoretical framework, the paper provides a roadmap for empirical studies of resistance to ICs, considering the key contextual factors necessary to take into account in such studies.

Original language	English
Journal	International Journal of Law in Context
Volume	14
Issue number	2
Pages (from-to)	197-220
Number of pages	14
ISSN	1744-5523
DOIs	https://doi.org/10.1017/S1744552318000034
Publication status	Published - 1 Jun 2018

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Backlash Against International Courts: Explaining the Forms and Patterns of Resistance to International Courts

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