Special Issue – Resistance to International Courts: Introduction and Conclusion

Forthcoming, International Journal of Law in Context 14(2)

iCourts Working Paper Series No. 123

10 Pages Posted: 20 Mar 2018

See all articles by Mikael Madsen

Mikael Madsen

University of Copenhagen - iCourts - Centre of Excellence for International Courts; University of Copenhagen - Faculty of Law

Pola Cebulak

University of Amsterdam ; University of Copenhagen - Centre of Excellence for International Courts (iCourts)

Micha Wiebusch

University of Antwerp - Institute of Development Policy and Management; United Nations - UNU-CRIS; University of London - School of Oriental and African Studies (SOAS)

Date Written: March 1, 2018

Abstract

Today, international courts (ICs) are seemingly under pressure from a range of actors, including states, civil society and even legal professionals. At least that is the impression one gets from reading the press and specialised international law blogs. The question is, however, whether such conclusions are premature or are depicting an exaggerated picture of the state of international legal affairs. This introduction to a Special Issue on "Resistance to International Courts" introduces the contents and conclusions of this first ever comparative empirical assessment of instances and types of resistance to ICs. Drawing on five case studies of resistance to ICs across the world, we argue that backlash in terms of critique of ICs with the goal of diminishing or obliterating their authority is very rare. We find, however, that various forms of pushback are widespread. In conclusion we suggest that many legal regimes involving ICs lack adequate channels for voicing disagreement and that contributes the frequent occurrence of pushback against ICs.

Keywords: International Courts, International Tribunals, Institutional Reform, Legal Authority, Resistance, Empirical Studies

Suggested Citation

Madsen, Mikael and Cebulak, Pola and Wiebusch, Micha, Special Issue – Resistance to International Courts: Introduction and Conclusion (March 1, 2018). Forthcoming, International Journal of Law in Context 14(2); iCourts Working Paper Series No. 123. Available at SSRN: https://ssrn.com/abstract=3132321 or http://dx.doi.org/10.2139/ssrn.3132321

Mikael Madsen (Contact Author)

University of Copenhagen - iCourts - Centre of Excellence for International Courts ( email )

University of Copenhagen - Faculty of Law ( email )

Studiestraede 6
Studiestrade 6
Copenhagen, DK-1455
Denmark

Pola Cebulak

University of Amsterdam ( email )

Spuistraat 210, room 125
Amsterdam, 1012VT
Netherlands

HOME PAGE: http://www.uva.nl/en/profile/c/e/p.p.cebulak/p.p.cebulak.html

University of Copenhagen - Centre of Excellence for International Courts (iCourts) ( email )

Studiestraede 6
Studiestrade 6
Copenhagen, DK-1455
Denmark

Micha Wiebusch

University of Antwerp - Institute of Development Policy and Management ( email )

City campus building S
Lange Sint Annastraat 7
Antwerp, 2000
Belgium

United Nations - UNU-CRIS ( email )

Potterierei 72
Brugge, 8000
Belgium

University of London - School of Oriental and African Studies (SOAS) ( email )

Thornhaugh Street
Russell Square: College Buildings 541
London, WC1H 0XG
United Kingdom

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