Two Level Politics and the Backlash against International Courts: Evidence from the Politicisation of the European Court of Human Rights
In: iCourts Working Paper Series, No. 209, 2020
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In: iCourts Working Paper Series, No. 209, 2020
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In: iCourts Working Paper Series, No. 211, Forthcoming
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In: iCourts Working Paper Series, No. 212, 2020
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In: Forthcoming in: Principled Resistance to ECtHR Judgments - A New Paradigm? (Springer Verlag, 2019), edited by Marten Breuer
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In: Forthcoming in University of California Journal of International, Transnational, and Comparative Law
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In: Forthcoming in Journal of International Dispute Settlement
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In: Joana Mendes & Ingo Venzke, Allocating Authority (Oxford: Hart Publishing, 2018)
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In: Cultures & conflits: sociologie politique de l'international, Heft 119-120, S. 95-113
ISSN: 1777-5345
In: The British journal of politics & international relations: BJPIR, Band 22, Heft 4, S. 728-738
ISSN: 1467-856X
Are international institutions more prone to face backlash politics than domestic ones? Are international institutions easy targets for satisfying domestic political interests? Using the case of the recent criticism of the European Court of Human Rights, the article explores whether international institutions are more susceptible to face backlash politics than domestic ones due to the dual nature of international politics. The empirical study, focusing on the reform of the European Court of Human Rights through the 2018 Copenhagen Declaration, suggests that pre-existing commitments to international institutions might be given up rapidly when significant domestic interests collide with international institutions and their practices. The analysis, however, also shows that backlash politics against international institutions is transformed when seeking institutional reform. Entering a collective bargaining process, backlash objectives are changed by the logic of diplomatic negotiation, academic scrutiny and the interests of the other member states and civil society. This suggests that the two-level logic of ordinary international politics has a mediating effect on domestically fuelled backlash campaigns.
In: The European Convention on Human Rights Law Review, S. 165-180
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In: iCourts Working Paper Series, No. 218, 2020
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In: iCourts Working Paper Series No. 160, 2019
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In: iCourts Working Paper Series, No. 149
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In: iCourts Working Paper Series, No. 208, 2020
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