European Society of International Law Interest Group on International Human Rights Law Roundtable, ESIL 11th Anniversary International Law Conference on ‘The Judicialization of International Law – A Mixed Blessing’ at Oslo, 10-12 September 2015.
Impact of and Backlash against Human Rights Courts an Quasi-Judicial Bodies
On the occasion of the 11th ESIL Conference in Oslo, the ESIL Interest Group on International Human Rights Law invites submissions for a roundtable on the Impact of and Backlash against International Human Rights Courts and Quasi Judicial Bodies.
This roundtable will focus on two inter-related questions: What is the impact of human rights courts and quasi-judicial bodies domestically? What are the sources of backlash against human rights courts and quasi-judicial bodies?
International and regional human rights courts and quasi-judicial human rights bodies have been part of the international human rights law landscape since the 1960s. Since their inception, they have collectively delivered over twenty thousand judgments.
At the level of the United Nations, we have witnessed a proliferation in treaty bodies that have an individual petition provision, alongside increased use of the individual petition systems. In what ways can we analyse the impact of human rights courts and quasi-judicial bodies?
What has the impact of the decisions of these bodies been on national judiciaries, legislatures, the executive and society more generally? What factors explain the difference in impact across these institutions? Does the non-legally binding nature of the Views issued by UN treaty bodies hamper the impact of the decisions they deliver?
Is the impact strengthened by the fact that these bodies can order implementation of general measures? Does the lack of specificity on general measures in the judgments of the European Court of Human Rights hamper impact of its decisions?
What are the implications in choosing a forum for an individual complaints in terms of the desired impact domestically? Are enforcement mechanisms of the judicial and quasi judicial bodies effective/how can they be made more effective?
How can implementation of judgments/views be fostered both internationally and domestically? How do different regions and states mediate the impact of regional human rights courts and quasi-judicial bodes? Can we talk about an overall impact of the judicialisation of human rights?
In recent years, backlash talk against human rights courts and quasi-judicial bodies have become commonplace.
These have been much pronounced in the European context concerning the European Court of Human Rights, but can also be found in relation to other international courts and treaty bodies.
What are the sources of backlash against the international judicialisation of human rights? How can these be countered? Do human rights courts micro-manage? Do human rights treaty bodies overstep the boundaries of sound judicial interpretation?
Has international human rights jurisprudence pushed too far? To what extent is the backlash talk a reflection of domestic political and legal battles?
The Interest Group is particularly interested in receiving proposals that examine impact of and/or backlash against less well-explored human rights courts and quasi-judicial bodies, such as the CERD, CEDAW, ICESCR and the African Human Rights System.
Equally, it welcomes fresh examinations of impact and backlash of the more well-known human rights courts and quasi judicial bodies and their case-law. In depth case studies of impact and backlash are also welcome.
The Application Process
We invite submissions of abstracts of no more than 400 words. Selection will be based on scholarly merit, and with regard to producing an engaging roundtable with attention paid to a wide variety of human rights courts and quasi judicial bodies.
Each submission should include the following:
(a) a short curriculum vitae containing the author’s name, institutional affiliation, contact information and e-mail address;
(b) an abstract of no more than 400 words; and
Applications should be submitted to [email protected] by 15 April 2015.
Abstracts will be reviewed by the co-chair persons of the interest group. All applicants will be notified of the outcome of the selection process by 15 May 2015.
Accepted full papers are due by 15 August 2015.
Please note that the ESIL Interest Group on International Human Rights Law is unable to provide funds to cover the conference registration fee or related transport and accommodation costs.
For further information about the ESIL Interest Group on International Human Rights Law, please visit HERE.