Two-level politics and the backlash against international courts: Evidence from the politicisation of the European court of human rights
| DOI | 10.1177/1369148120948180 |
| Date | 01 November 2020 |
| Author | Mikael Rask Madsen |
| Published date | 01 November 2020 |
| Subject Matter | Symposium on Backlash Politics in Comparison |
https://doi.org/10.1177/1369148120948180
The British Journal of Politics and
International Relations
2020, Vol. 22(4) 728 –738
© The Author(s) 2020
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DOI: 10.1177/1369148120948180
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Two-level politics and the
backlash against international
courts: Evidence from the
politicisation of the European
court of human rights
Mikael Rask Madsen
Abstract
Are international institutions more prone to face backlash politics than domestic ones? Are
international institutions easy targets for satisfying domestic political interests? Using the case
of the recent criticism of the European Court of Human Rights, the article explores whether
international institutions are more susceptible to face backlash politics than domestic ones due
to the dual nature of international politics. The empirical study, focusing on the reform of the
European Court of Human Rights through the 2018 Copenhagen Declaration, suggests that pre-
existing commitments to international institutions might be given up rapidly when significant
domestic interests collide with international institutions and their practices. The analysis, however,
also shows that backlash politics against international institutions is transformed when seeking
institutional reform. Entering a collective bargaining process, backlash objectives are changed by
the logic of diplomatic negotiation, academic scrutiny and the interests of the other member
states and civil society. This suggests that the two-level logic of ordinary international politics has
a mediating effect on domestically fuelled backlash campaigns.
Keywords
backlash, European human rights, international courts, international institutions, international
politics
Introduction
Are international institutions more prone to face backlash politics than domestic ones?
Are they, because of their legal–political constructions as add-ons to sovereign states,
iCourts – The Danish National Research Foundation’s Centre of Excellence for International Courts, Faculty
of Law, University of Copenhagen, Copenhagen, Denmark
Corresponding author:
Mikael Rask Madsen, iCourts – The Danish National Research Foundation’s Centre of Excellence for
International Courts, Faculty of Law, University of Copenhagen, Karen Blixens Plads 16, 2300 Copenhagen S,
Denmark.
Emails: mikael.madsen@jur.ku.dk; jura.ku.dk/icourts
948180BPI0010.1177/1369148120948180The British Journal of Politics and International RelationsMadsen
research-article2020
Special Issue Article
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