Thursday, October 17, 2019

de la Rasilla: The World Court of Human Rights: Rise, Fall and Revival?

Ignacio de la Rasilla (Wuhan Univ. - Institute of International Law ) has posted The World Court of Human Rights: Rise, Fall and Revival? (Human Rights Law Review, forthcoming). Here's the abstract:
This article proceeds in three parts. The first section reviews the ‘permissive conditions’ that prompted the revival of the World Court of Human Rights project in the late 2000s and provides a legal analysis of the design choices involved in its Draft Statute. This is followed by an examination of the project’s lack of progress through the stages during which its drafters sought it to be established and of the critical reception given to it by legal academics. The arguments of the critics of the World Court are divided into two intertwined yet distinct categories. The first category contains five general fronts of opposition and scepticism about the idea of establishing a World Court. These range from attacks on the project at the fundamental level to doubts about its effectiveness, legitimacy and political feasibility. The other category includes criticisms aimed at the ‘maximalist’ character of the Draft Statute in the light of existing alternatives. The conclusion examines the prospects for the establishment of a judicial system of universal review of international human rights treaties in the light of the contemporary crisis of the liberal international order.