In these highly exceptional circumstances, with the highest simultaneous number of derogations from the ECHR ever recorded since its creation and the Court just having prolonged the exceptional measures for its continued functioning until at least halfway June, things are anything but business as usual. The ramifications for human rights of the current pandemic are both acute and long-term. All the more reason to continue to infuse current debates with much needed original thought and knowledge-based input. In that context, allow me to give point you to an important new book on the key debate on international judicial review by Shai Dothan (iCourts, University of Copenhagen):
* Shai Dothan, International Judicial Review. When Should International Courts Intervene? (Cambridge University Press 2020):
The book is motivated by a question: When should international courts intervene in domestic affairs? To answer this question thoroughly, it is broken down to a series of separate inquiries: When is intervention legitimate? When can international courts identify good legal solutions? When will intervention initiate useful processes? When will it lead to good outcomes? These inquiries are answered based on reviewing judgments of international courts, strategic analysis, and empirical findings. The book outlines under which conditions intervention by international courts is recommended and evaluates the implications international courts have for society.
The European Court of Human Rights is the main case study in the book.