International Courts and Domestic Politics

Explores how and why the rise in international courts impacts on domestic politics on both national and international levels.

Marlene Wind (Edited by)

9781108448130, Cambridge University Press

Paperback / softback, published 27 February 2020

371 pages, 12 b/w illus. 9 tables
23 x 15.2 x 2 cm, 0.6 kg

International law in national courts, and among politicians and citizens, does not always have the desired effect at the domestic level. This volume is a genuinely interdisciplinary analysis of international law and courts, examining a wide range of courts and judicial bodies, including human rights treaty bodies, and their impact and shortcomings. By employing social science methodology combined with classical case studies, leading lawyers and political scientists move the study of courts within international law to an entirely new level. The essays question the view that legal docmatics will be enough to understand the increasingly complex world we are living in and demonstrate the potential benefits of adopting a much broader outlook drawing on empirical legal research. This volume will have great appeal to anyone interested in the effects - rather than just the processes and structures - of international law and courts.

Introduction Marlene Wind
1. Missing in action? The rare voice of international courts in domestic politics Lisa Conant
Part I: 2. What can financial markets tell us about international courts and deterrence? Krzysztof Pelc and Jeffrey Kucik
3. The Strasbourg Court and domestic judicial politics David Kosar
4. It's a good idea … isn't it? The impact of complementarity at the international criminal court on domestic law, politics and perceptions of sovereignty Steven Freeland
5. Rights-protecting iCourts: the curious case of the OP-ICESCR Benjamin Perryman
6. Re-assembling the French state via human rights: between human rights internationalism and political sovereignism Mikael Rask Madsen
7. Impact through trust: the CJEU as a trust-enhancing institution Juan A. Mayoral
Part II: 8. Ideology and international human rights commitments in post-communist regimes: the cases of the Czech Republic and Slovakia Katarína Šipulová, Jozef Janovský and Hubert Smekal
9. Escalation and interaction: international courts and domestic politics in the law of state immunity Philippa Webb
10. National parliaments: obstacles or aid to the impact of international human rights bodies? Jasper Krommendijk
11. The European Court of Human Rights and Swiss politics: how does the Swiss judge fit in? Odile Ammann
12. The use of international jurisprudence by Israel's Supreme Court Yaël Ronen
13. Laggards or pioneers? When Scandinavian avant-garde judges don't cite international case law: a methodological framework Marlene Wind.

Subject Areas: International courts & procedures [LBHG], International human rights law [LBBR], Public international law [LBB], International law [LB], Human rights [JPVH], International relations [JPS]