Between Forbearance and Audacity

The European Court of Human Rights and the Norm against Torture

AvEzgi Yildiz

Inbunden, Engelska, 2023

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Beskrivning

When international courts are given sweeping powers, why would they ever refuse to use them? The book explains how and when courts employ strategies for institutional survival and resilience: forbearance and audacity, which help them adjust their sovereignty costs to pre-empt and mitigate backlash and political pushback. By systematically analysing almost 2,300 judgements from the European Court of Human Rights from 1967-2016, Ezgi Yildiz traces how these strategies shaped the norm against torture and inhumane or degrading treatment. With expert interviews and a nuanced combination of social science and legal methods, Yildiz innovatively demonstrates what the norm entails, and when and how its contents changed over time. Exploring issues central to public international law and international relations, this interdisciplinary study makes a timely intervention in the debate on international courts, international norms, and legal change. This book is available as Open Access on Cambridge Core.

Produktinformation

Utgivningsdatum:2023-11-16
Mått:159 x 235 x 20 mm
Vikt:530 g
Format:Inbunden
Språk:Engelska
Serie:Studies on International Courts and Tribunals
Antal sidor:274
Förlag:Cambridge University Press
ISBN:9781009100045

Utforska kategorier

Internationell rätt: transport och handel inom Juridik
Folkrätt inom Juridik

Mer om författaren

Ezgi Yildiz is an Assistant Professor at California State University, Long Beach, and a Research Associate at the Geneva Graduate Institute. She is a member of the Expert Group for the EU's Anti-Torture Regulation and the Coordinating Committee of ESIL's Interest Group on Social Sciences and International Law.

Recensioner i media

'Between Forbearance and Audacity meticulously explains how and why the European Court of Human Rights has expanded the prohibition on torture from a narrow negative interpretation that bans government agents from using torture during interrogations to a broader understanding that includes positive government obligations to prevent torture and protect victims in multiple contexts, such as domestic abuse and medical settings. However, the Court has not always followed an expansive approach. Using in depth interviews and a systematic content analysis, Yildiz demonstrates that pushback from Western European governments has at times curtailed the Court, such as on cases involving refugees. Deeply rooted in both law and political science, this is a masterful book that should be of interest to those interested in human rights, international courts, and the development of international legal norms.' Erik Voeten, Peter F. Krogh Professor of Geopolitics and Justice in World Affairs, Edmund E. Walsh School of Foreign Service and Government Department, Georgetown University

Innehållsförteckning

1. The court redefines torture in Europe; 2. The conditions for audacity; 3. Inside the court: its trade-offs and zone of discretion; 4. Mapping out norm change; 5. From compromise to absolutism? Gradual transformation under the old court's watch; 6. New court, new thresholds, new obligations; 7. Change unopposed: the court's embrace of positive obligations; 8. Legal change in times of backlash; 9. Conclusion; 10. Bibliography.