Between Forbearance and Audacity

Nyhet

The European Court of Human Rights and the Norm against Torture

Häftad, Engelska, 2026

Av Ezgi Yildiz, Long Beach) Yildiz, Ezgi (California State University

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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.

Produktinformation

Utgivningsdatum2026-01-08
Vikt250 g
FormatHäftad
SpråkEngelska
SerieStudies on International Courts and Tribunals
Antal sidor274
FörlagCambridge University Press
ISBN9781009108300

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Folkrätt inom Juridik
Internationell rätt: transport och handel inom Juridik

1. The court redefines torture in Europe; 2. The conditions for audacity; 3. Inside the court: its trade-offs and zone of discretion; 4. Mapping out norm change; 5. From compromise to absolutism? Gradual transformation under the old court's watch; 6. New court, new thresholds, new obligations; 7. Change unopposed: the court's embrace of positive obligations; 8. Legal change in times of backlash; 9. Conclusion; 10. Bibliography.

'Between Forbearance and Audacity meticulously explains how and why the European Court of Human Rights has expanded the prohibition on torture from a narrow negative interpretation that bans government agents from using torture during interrogations to a broader understanding that includes positive government obligations to prevent torture and protect victims in multiple contexts, such as domestic abuse and medical settings. However, the Court has not always followed an expansive approach. Using in depth interviews and a systematic content analysis, Yildiz demonstrates that pushback from Western European governments has at times curtailed the Court, such as on cases involving refugees. Deeply rooted in both law and political science, this is a masterful book that should be of interest to those interested in human rights, international courts, and the development of international legal norms.' Erik Voeten, Peter F. Krogh Professor of Geopolitics and Justice in World Affairs, Edmund E. Walsh School of Foreign Service and Government Department, Georgetown University