Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-r6qrq Total loading time: 0 Render date: 2024-04-25T12:16:18.268Z Has data issue: false hasContentIssue false

1 - Progress and Pushback in the Judicialization of Human Rights

Published online by Cambridge University Press:  18 September 2021

Courtney Hillebrecht
Affiliation:
University of Nebraska, Lincoln
Get access

Summary

This introductory chapter situates the phenomenon of backlash against the international justice regime within a larger debate about the retrenchment of liberal democratic norms. This chapter considers how international courts gain their authority and contends that international human rights and criminal courts enjoy structural, adjudicative, and moral authority over states and political elites. It is precisely these sources of authority, however, that are the targets of backlash. The chapter goes on to provide a definition of backlash politics, suggesting that backlash is action – not just rhetoric – targeted at the authority of international courts. The chapter then puts that definition into practice by providing a typology of backlash, which includes: (1) withdrawals from international courts; (2) the creation of alternate/substitute justice mechanisms; (3) bureaucratic and budgetary restrictions; and (4) doctrinal challenges. The chapter concludes with a roadmap for the rest of the book.

Type
Chapter
Information
Saving the International Justice Regime
Beyond Backlash against International Courts
, pp. 1 - 34
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×