Navigating the Backlash against Global Law and Institutions

38 Australian Yearbook of International Law (forthcoming 2020)

ANU College of Law Research Paper No. 20.20

29 Pages Posted: 17 Aug 2020 Last revised: 24 Aug 2020

See all articles by Peter Danchin

Peter Danchin

University of Maryland Francis King Carey School of Law

Jeremy Farrall

ANU College of Law

Jolyon Ford

ANU College of Law

Shruti Rana

Indiana University Bloomington - Hamilton Lugar School of Global and International Studies; Affiliated Faculty, Indiana University Maurer School of Law, Stewart Center on the Global Legal Profession

Imogen Saunders

ANU College of Law

Daan Verhoeven

affiliation not provided to SSRN

Date Written: 2020

Abstract

This article considers the recent ‘Backlash’ against global norms and institutions fuelled by various contemporary political developments within and between states. Understanding the shape, significance and drivers of this phenomenon better is a pre-requisite to developing and analysing possible responses by Australia and other states. The recent rise of populism and ‘illiberal democracy’ especially within major Western democracies has challenged the longstanding and widespread commitment of those states to the rules-based order. These phenomena have also eroded the traditional global leadership, in multilateral forums, of key powers including UN permanent members the United States and the United Kingdom. The populations of these and other states have responded to perceptions of economic and political disempowerment by pressuring political representatives to focus their energies domestically. In order both to appeal and respond to domestic political forces, leaders in these states have sought to target or sometimes scapegoat the international institutions that have hitherto been so useful to their foreign policy agenda. This article examines the consequences of understanding the current populist moment as part of a Backlash against global law and institutions and the ramifications of the Backlash frame for international peace and security. It also considers the implications of the Backlash frame for the international human rights system, the impact of the turn inward for global trade and finance and the Backlash against environmental norms.

Keywords: ‘Backlash’, International Law, International Trade Law, International Peace and Security, Human Rights, International Environmental Law

JEL Classification: K33

Suggested Citation

Danchin, Peter G. and Farrall, Jeremy Matam and Ford, Jolyon and Rana, Shruti and Saunders, Imogen and Verhoeven, Daan, Navigating the Backlash against Global Law and Institutions (2020). 38 Australian Yearbook of International Law (forthcoming 2020) , ANU College of Law Research Paper No. 20.20, Available at SSRN: https://ssrn.com/abstract=3675536 or http://dx.doi.org/10.2139/ssrn.3675536

Peter G. Danchin

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Room 446
Baltimore, MD 21201
United States
410 706 3960 (Phone)
410 706 2184 (Fax)

HOME PAGE: http://www.law.umaryland.edu/faculty_profile.asp?facultynum=467

Jeremy Matam Farrall

ANU College of Law ( email )

5 Fellows Road
Canberra, Australian Capital Territory 0200
Australia

Jolyon Ford

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

HOME PAGE: https://law.anu.edu.au/staff/jolyon-ford

Shruti Rana

Indiana University Bloomington - Hamilton Lugar School of Global and International Studies ( email )

355 N. Jordan Avenue
Bloomington, IN 47405
United States
812-856-7328 (Phone)

HOME PAGE: http://hls.indiana.edu/about/staff/leadership/rana-shruti.html

Affiliated Faculty, Indiana University Maurer School of Law, Stewart Center on the Global Legal Profession ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States
812-856-7328 (Phone)

HOME PAGE: http://hls.indiana.edu/about/staff/leadership/rana-shruti.html

Imogen Saunders (Contact Author)

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

Daan Verhoeven

affiliation not provided to SSRN

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