Publication
Title
Backlash against international courts : explaining the forms and patterns of resistance to international courts
Author
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.
Language
English
Source (journal)
International journal of law in context. - Cambridge
Publication
Cambridge : 2018
ISSN
1744-5523
Volume/pages
14 :2 (2018) , p. 197-220
ISI
000434248000002
Full text (Publisher's DOI)
Full text (publisher's version - intranet only)
UAntwerpen
Faculty/Department
Research group
Project info
The norms and practices of the African Union on the promotion of constitutional governance: a legal analysis.
Publication type
Subject
Law 
Affiliation
Publications with a UAntwerp address
External links
VABB-SHW
Web of Science
Record
Identification
Creation 10.07.2018
Last edited 26.09.2021
To cite this reference