Abstract
© 2018 Cambridge University Press.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 |
|---|---|
| Pages (from-to) | 197-220 |
| Journal | International Journal of Law in Context |
| Volume | 14 |
| Issue number | 2 |
| DOIs | |
| Publication status | Published - 1 Jun 2018 |
| Externally published | Yes |
Funding
Acknowledgements. This research is funded by the Denmark-Brazil Network on Regional and Constitutional Structures in Tension (RCST) (no. 6144–00110) and the Danish National Research Foundation Grant no. DNRF105 and conducted under the auspices of iCourts. Thanks to the participants at the Backlash Workshop, Berlin/Steinhöfel, 27–28 October 2017, especially Karen Alter and Michael Zürn.
| Funders | Funder number |
|---|---|
| Danmarks Grundforskningsfond | DNRF105 |
