International adjudication and its discontents: a pluralist approach to international tribunal backlash

Lovat, H. (2020) International adjudication and its discontents: a pluralist approach to international tribunal backlash. Israel Law Review, 53(3), pp. 301-333. (doi: 10.1017/S0021223720000138)

Abstract

International tribunal backlash remains poorly understood: hampered by conceptual challenges, systematic research into the causes of this phenomenon remains nascent. The present article makes two contributions to advancing this endeavour. First, building on existing literature, it sets out a working definition of international tribunal backlash, tailored to facilitate mixed method empirical research into the causes of backlash across institutions and sectors. Second, drawing on international relations’ pluralist turn, the article provides an analytically eclectic theoretical scaffold for causal analysis of international tribunal backlash, enabling standardised cross-institutional and sectoral comparison without over-simplifying the complexity of backlash in various instances. The article accordingly provides the building blocks for improved understanding of the causes of – and the potential scope to manage – international tribunal backlash across institutions, regions and sectors.

• Item Type: Articles
• Keywords: International adjudication, international tribunals, backlash, international relations, pluralism.
• Status: Published
• Refereed: Yes
• Glasgow Author(s) Enlighten ID: Lovat, Dr Henry
• Authors: Lovat, H.
• College/School: College of Social Sciences > School of Law
• Journal Name: Israel Law Review
• Publisher: Cambridge University Press
• ISSN: 0021-2237
• ISSN (Online): 2047-9336
• Published Online: 26 October 2020
• Copyright Holders: Copyright © 2020 The Authors
• First Published: First published in Israel Law Review 53(3): 301-333
• Publisher Policy: Reproduced in accordance with the publisher copyright policy