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2 results

  • 3 - Mapping Out Norm Change

  • Ezgi Yildiz, California State University, Long Beach
  • Book:
    Between Forbearance and Audacity
    Published online:
    02 November 2023
    Print publication:
    16 November 2023, pp 79-102
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  • Summary

    In this chapter, I introduce the methodological choices adopted in this book and present the results of the content analysis carried out on all Article 3 decisions issued between 1967 and 2016. Instead of studying norms as unitary phenomena, I disaggregate them to do this analysis. I focus on each and every obligation that a norm contains and trace the norm’s transformation by taking these separate obligations as a reference. The chapter demonstrates the distinct obligations that the norm against torture and inhuman or degrading treatment entailed during the period under study. It then explains why looking at these obligations separately helps us better understand the pace and the magnitude of change. The chapter also introduces some preliminary analysis probing the dominant tendencies of the European Court’s different incarnations, which range from audacity, selective audacity, selective forbearance, and forbearance. This chapter thus presents a bird’s-eye-view analysis, providing an overview before turning to more in-depth analyses of different change episodes in the following chapters.

Between Forbearance and Audacity
  • The European Court of Human Rights and the Norm against Torture
  • Ezgi Yildiz
  • Published online:
    02 November 2023
    Print publication:
    16 November 2023
  • 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.