Between Forbearance and Audacity: The European Court of Human Rights and the Norm against Torture

When international courts are given sweeping powers, why would they ever refuse to use them? The book Between Forbearance and Audacity (Cambridge University Press, 2023) 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 analyzing almost 2,300 judgments from the European Court of Human Rights from 1967–2016, I trace how these strategies shaped the norm against torture and inhuman or degrading treatment. With expert interviews and a combination of social science and legal methods, Between Forbearance and Audacity innovatively demonstrates what the norm entails and when and how its contents changed over time. The findings highlight important trends such as the expansion of states’ positive obligations as well as the walk-backs on the non-refoulement principle—restricting rights enjoyed by asylum seekers and refugees. 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.

Ezgi Yildiz is an Assistant Professor of International Relations at California State University, Long Beach and a Research Associate at the Global Governance Center of the Geneva Graduate Institute. She is also a member of the Expert Group for the EU's Anti-Torture Regulation and the Coordinating Committee of the European Society of International Law’s Interest Group on Social Sciences and International Law. She conducts interdisciplinary research on international relations and international law and specializes in international courts, human rights, and ocean governance. She recently published two books, both available with open access: Between Forbearance and Audacity: The European Court of Human Rights and the Norm Against Torture (Cambridge University Press, 2023) and The Many Paths of Change in International Law (Oxford University Press, 2023) (co-edited with Nico Krisch). In addition, her work is published or forthcoming in journals such as the  European Journal of International Law, the Review of International Organizations, and Journal of Human Rights Practice.

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