Why do some international courts wield broad authority while others face pushback or fade into irrelevance? The Authority of International Courts: A Behavioural Framework
(Hart Publishing, 2026) by Dr. Dana Burchardt provides novel
theoretical and empirical insights into this question. It offers a
fresh, interdisciplinary perspective on the authority of international
courts, drawing from law, political science and behavioural research.
It
develops, in Part I, a theoretical model and analytical framework for
assessing these questions. The model explains how authority
relationships between courts and their audiences—such as states, NGOs,
individual applicants, and domestic courts—are formed, maintained,
or contested. In Part II, the book applies this analytical framework to
in-depth case studies of two selected international courts: the
European Court of Human Rights and the Court of Justice of the Economic
Community of West African States. These studies not only provide deeper
insights into the authority of these courts but also demonstrate
how the analytical framework can be applied to other international
courts to generate an enhanced understanding of international court
authority.
The
book sheds new light on why some courts enjoy enduring authority and
others face pushback, offering powerful tools for understanding the
behaviour of international courts and their audiences.
This interview was conducted by Dr. Miranda Melcher whose book
focuses on post-conflict military integration, understanding treaty
negotiation and implementation in civil war contexts, with qualitative
analysis of the Angolan and Mozambican civil wars. You can find
Miranda’s interviews on New Books with Miranda Melcher, wherever you get your podcasts.
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