4 - Backlash Against Human Rights Courts

Question 1

Key element to take into account when invoking the notion of backlash? (3)

Answer 1

1/ notion is highly contested

2/ no single accepted definition

3/ link between backlash and resistance towards int. courts

Question 2

How does Voeten define backlash? (3)

Answer 2

1/ gvt actions

2/ aimed at curbing or reversing

3/ authority of an int. court

Question 3

What are the different types of backlash according to Voeten? (3)

Answer 3

1/ against a court’s general authority (obstruction)

2/ against a court’s authority over an individual country (withdraw or threat)

3/ through critique (falling short of withdrawal threats)

Question 4

What is the difference between backlash and pushback? (4)

Answer 4

1/ pushback seeks to influence the future direction of an institution’s jurisprudence

2/ backlash is a form of extraordinary critique that calls for withdrawal/dismantling/significant reform of an int. court

3/ so qualitative difference in the level of critique

4/ Madsen

Question 5

What is the commonality between backlash and pushback? (2)

Answer 5

1/ both relate to forms of resistance

2/ focus is on reversal

Question 6

What are some specific triggers of backlash against int. courts? (2)

Answer 6

1/ implementation costs

2/ political benefits

Question 7

What does the notion of implementation costs cover? (5)

Answer 7

1/ not only financial costs

2/ sovereignty costs

3/ regime costs

4/ adaptation costs

5/ rational-choice-logic determinations

Question 8

What is a prominent example of political benefits as a trigger of backlash?

Answer 8

The Populist turn

Question 9

What are the main characteristics of populism? (3)

Answer 9

1/ many varieties

2/ commonality is that politics should be an expression of the will of the ‘pure people’ (as opposed to corrupt elites)

3/ identity politics

Question 10

What is the difference between Latin American and European populism? (2)

Answer 10

1/ LA : distributional

2/ EUR : identity based

Question 11

Why can populism lead to backlash?

Answer 11

Rulings of int. courts often protect elites or minorities, i.e. groups who are targets of populist ire

Question 12

Why do populists target domestic and int. courts? (4)

Answer 12

1/ int. courts are central to the liberal int. order

2/ populists object to court rulings that interfere with domestic populist narratives about whose rights deserve to be protected

3/ backlash may be politically advantageous & often accompanies curtailing of domestic judiciary

4/ backlash rather a strategy than an outcome

Question 13

What are some of the issues at the centre of backlashes (Voeten)? (3)

Answer 13

1/ redistribution of land rights (espec in AFR)

2/ opposition to neoliberal policies (LatAmer. backlash against WB and IMF)

3/ protection of “unpopular” minorities (UK pirsoner’s voting rights)

Question 14

What are 3 forms of resistance according to Madsen et al.?

Answer 14

1/ judicial functioning

2/ institutional set-up

3/ negative public discourse

Question 15

What relationship did Voeten reveal between populism and backlash? (3)

Answer 15

1/ examine 28 examples of backlash since 1990

2/ 18 of 28 were from populist govts

3/ this was based on conservative definition of ‘populist’