The limits of international adjudication: Authority and resistance of regional economic courts in times of crisis

S. Caserta; P. Cebulak

doi:10.1017/S1744552318000071

The limits of international adjudication: Authority and resistance of regional economic courts in times of crisis

S. Caserta
, P. Cebulak

Research output: Contribution to Journal › Article › Academic › peer-review

Abstract

© 2018 Cambridge University Press.The paper compares the involvement of four regional economic courts in legal disputes mirroring constitutional, political and social crises at national or regional levels. These four judicial bodies of the EU, the Andean Community, the East African Community and the Central American Integration System have all faced varied forms of resistance to their involvement and their general authority. By comparing these four case-studies from across the globe, the paper identifies institutional and contextual factors that explain the uneven resistance. While the regional economic courts in Central America and East Africa were subject to backlash from the Member States, their counterparts in Europe and Latin America avoided backlash but at the price of achieving only a narrow authority.

Original language	English
Pages (from-to)	275-293
Journal	International Journal of Law in Context
Volume	14
Issue number	2
DOIs	https://doi.org/10.1017/S1744552318000071
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. Both the Commission and the CJEU’s preference for an indirect approach to the RoL crises in the Member States might be explained by the broader political situation in the European Parliament and Council. For instance, Fidesz, the Hungarian ruling party responsible for the constitutional reforms discussed in Subsection 2.1, is part of the European Peoples’ Party (EPP) in the European Parliament. As a member of this parliamentary group, Fidesz has contributed to electing the current Commission’s president. This has allowed Fidesz to use EPP support as a shield from certain criticism (Gostyńska-Jakubowska, 2016; Koncewicz, 2017). Despite this, in May 2017, the European Parliament adopted a resolution condemning ‘a serious deterioration of the rule of law, democracy and fundamental rights’ in Hungary.56 The majority of the EPP voted against it (Gotev, 2017a). 1Postdoc at iCourts, Danish National Research Foundation’s Centre of Excellence for International Courts and 2Assistant Professor in European Law, University of Amsterdam, and formerly Postdoc at iCourts, University of Copenhagen *Corresponding author. E-mail: [email protected]

Funders	Funder number
Centre of Excellence for International Courts
Hungarian
University of Copenhagen *
Danmarks Grundforskningsfond	DNRF105
Universiteit van Amsterdam

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

SDG 10 Reduced Inequalities
SDG 16 Peace, Justice and Strong Institutions

Access to Document

10.1017/S1744552318000071

Persistent URL (handle)

Persistent link

Cite this

@article{d33177730d2f425583a26376f20a4e0a,

title = "The limits of international adjudication: Authority and resistance of regional economic courts in times of crisis",

abstract = "{\textcopyright} 2018 Cambridge University Press.The paper compares the involvement of four regional economic courts in legal disputes mirroring constitutional, political and social crises at national or regional levels. These four judicial bodies of the EU, the Andean Community, the East African Community and the Central American Integration System have all faced varied forms of resistance to their involvement and their general authority. By comparing these four case-studies from across the globe, the paper identifies institutional and contextual factors that explain the uneven resistance. While the regional economic courts in Central America and East Africa were subject to backlash from the Member States, their counterparts in Europe and Latin America avoided backlash but at the price of achieving only a narrow authority.",

author = "S. Caserta and P. Cebulak",

year = "2018",

month = jun,

day = "1",

doi = "10.1017/S1744552318000071",

language = "English",

volume = "14",

pages = "275--293",

journal = "International Journal of Law in Context",

issn = "1744-5523",

publisher = "Cambridge University Press",

number = "2",

}

TY - JOUR

T1 - The limits of international adjudication

T2 - Authority and resistance of regional economic courts in times of crisis

AU - Caserta, S.

AU - Cebulak, P.

PY - 2018/6/1

Y1 - 2018/6/1

N2 - © 2018 Cambridge University Press.The paper compares the involvement of four regional economic courts in legal disputes mirroring constitutional, political and social crises at national or regional levels. These four judicial bodies of the EU, the Andean Community, the East African Community and the Central American Integration System have all faced varied forms of resistance to their involvement and their general authority. By comparing these four case-studies from across the globe, the paper identifies institutional and contextual factors that explain the uneven resistance. While the regional economic courts in Central America and East Africa were subject to backlash from the Member States, their counterparts in Europe and Latin America avoided backlash but at the price of achieving only a narrow authority.

AB - © 2018 Cambridge University Press.The paper compares the involvement of four regional economic courts in legal disputes mirroring constitutional, political and social crises at national or regional levels. These four judicial bodies of the EU, the Andean Community, the East African Community and the Central American Integration System have all faced varied forms of resistance to their involvement and their general authority. By comparing these four case-studies from across the globe, the paper identifies institutional and contextual factors that explain the uneven resistance. While the regional economic courts in Central America and East Africa were subject to backlash from the Member States, their counterparts in Europe and Latin America avoided backlash but at the price of achieving only a narrow authority.

UR - https://www.scopus.com/pages/publications/85048117085

U2 - 10.1017/S1744552318000071

DO - 10.1017/S1744552318000071

M3 - Article

SN - 1744-5523

VL - 14

SP - 275

EP - 293

JO - International Journal of Law in Context

JF - International Journal of Law in Context

IS - 2

ER -

The limits of international adjudication: Authority and resistance of regional economic courts in times of crisis

Abstract

Funding

UN SDGs

Access to Document

Persistent URL (handle)

Other files and links

Fingerprint

Cite this