Search

Summary

From Brexit to the rise of China, the deterioration of the special relationship with the United States and the return of war to Europe in Ukraine, this chapter will explore how the UK’s position in the world has faced both challenges and opportunities over the last fourteen years. The analysis will focus on how different Conservative premierships used or wasted these global changes, and how it has affected UK foreign policy and Britain as a whole (particularly Brexit’s influence on domestic policy and politics).

International courts (ICs) have found themselves dealing with issues that are ‘political’ in nature. This paper discusses the techniques of avoidance ICs have developed to navigate such highly political or sensitive issues. The first part discusses some of the key rationales for avoidance. Drawing on the discussion of the political question doctrine in US constitutional law, it shows how ICs may justify avoidance on both principled and pragmatic grounds. It then discusses the different types of avoidance strategies employed by ICs, based on examples from the Court of Justice of the European Union, the International Court of Justice and the East African Court of Justice. ICs are rarely upfront about avoidance strategies. Rather, ICs tend to avoid cases in a more subtle fashion, relying on procedural rules to exclude a case, or by resolving the dispute in a way that avoids the most politically sensitive questions and controversies.

Search Results

Refine search

Refine search

Actions for selected content:

2 results

4 - Foreign and Defence Policy

Summary

Patterns of avoidance: political questions before international courts

Search Results

Refine search

Refine search

Actions for selected content:

Save Search

2 results

4 - Foreign and Defence Policy

Summary

Patterns of avoidance: political questions before international courts