Resistance against International Law from Domestic Courts: A Review of Turkish Courts’ Stance

Recent challenges against international courts from national authorities reflect different attitudes toward the international legal order, as they may reflect a recoil against western centrism or particular international institutions, and sometimes a means of populist policies. As to the Turkish case, resistance to decisions of the ECtHR may be regarded as a crucial part of the recent authoritarian turn, as local courts have so far declined the implementation of more than 1500 rulings of the ECtHR. This paper will first reveal different patterns of resistance to international court decisions from domestic courts, and will focus on remarkable international court decisions that have been declined by Turkish courts to abide. In doing so, it aims at both exploring the dynamics of recent backlash against international courts and examining the meaning of international law in illiberal democracies.