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Between Forbearance and Audacity - The European Court of Human Rights and the Norm against Torture (Hardcover)
Loot Price: R2,831
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Between Forbearance and Audacity - The European Court of Human Rights and the Norm against Torture (Hardcover)
Series: Studies on International Courts and Tribunals
Expected to ship within 12 - 19 working days
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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.
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