In times of an alleged backlash against international courts, understanding how courts might overcome and manage such challenges becomes crucial. Human rights courts, in particular, operate in a climate of heavy criticism, precarious funding, and state withdrawal. Yet, they remain surprisingly resilient in the face of those attacks. Embedded in their institutional environment, one can observe various attempted coping mechanisms such as strategic deference, judicial dialogue, and major structural reform processes, but also the implementation of sanctions, and the need to draw red lines in situations of democratic backsliding. In this presentation, I propose a conceptualization of resilience by combining institutionalist theories, regime theory, and socio-ecological studies, carving out the factors, mechanisms, and instruments, which might make human rights more resilient to extraordinary critique.
Our next Annual Conference will take place from July 6-9, 2021. It will be held in a completely novel way as a fully online Conference: ICON•S Mundo. Stay tuned.
The Call for Papers for ICON•S Mundo is now closed. Successful applicants will be notified by the end of May.
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