Ezgi Yildiz

California State University, Long Beach | CSULB · College of Liberal Arts

What explains the difference between court practices? This article attempts to address this question by looking at the relation between legal cultures and practices through the lenses of practice theory. In particular, it focuses on public hearings as distinct courtroom practices at the European Court of Human Rights (ECtHR) and the Inter-American...

The pilot judgment procedure emerged from the jurisprudence of the European Court of Human Rights. Introduced a decade ago, it has been used to address the problem of repetitive cases. This article will investigate the procedure's creation through the prism of the Vienna Convention on the Law of Treaties. It will then analyze its subsequent institu...

Both the European and the Inter-American Human Rights Systems are in the process of adapting themselves to the emerging and pressing needs in their respective regions. The High-Level Conferences on the Future of the European Court of Human Rights, and the newly established Forum of the Inter-American Human Rights System are two analogous institutio...

It is well established in the literature that international courts make law and develop norms. Yet there is no systematic analysis of how adjudication refashions a given norm's trajectory. This article addresses this gap by combining legal analysis with social science methods. It takes a closer look at the European Court of Human Rights and provide...

Do states take court decisions into account when formulating policies? If so, how do they process new judicial input and make policies in response to them? While self-interest and incentives are the usual elements involved in a rational choice explanation of policymaking, behavioralist scholarship casts doubt on whether decisionmakers are able to i...

What does it take for international legal rules to change? Key to any serious attempt at accounting for the dynamism of the field – and yet surprisingly understudied – this query constituted the central endeavour of the Paths of International Law project, conducted at the Geneva Graduate Institute from 2018 to 2023. The present compilation lays out...

The chapter explains evolving, yet the contradictory, notion of extraterritorial jurisdiction through the rulings of the European Court of Human Rights

Do states take court decisions into account when formulating policies? If so, how and through what mechanisms do they process new judicial input and make policies in response to them? While self-interest and incentives are the usual elements involved in a rational choice explanation of policymaking, behavioralist scholarship casts doubt on whether...

It is well established in the literature that international courts make law. Yet, there is no systematic analysis of how adjudication refashions the trajectory that a norm could take. This article addresses this gap by combining legal analysis with social science methods. It takes a closer look at the European Court of Human Rights (the Court) and...

It is becoming more and more apparent that territorial sovereignty, this consecrated organising principle of the international system, is not a useful concept to understand international politics. How do international tribunals generate solutions to current problems with such inadequate tools then? The chapter explores this question by focusing on...

This chapter provides a socio-political account of how the European Court of Human Rights has transformed the prohibition of torture and inhuman or degrading treatment under Article 3 of the European Convention on Human Rights. Arguing that legal interpretation does not take place in a void, the chapter looks at international, institutional and dis...

Due to the nature of the rights protected under the European Convention on Human Rights (ECHR), some of which are temporally and socio-culturally bounded, the European Court of Human Rights (ECtHR) has often felt compelled to assume a standard-setter role when delivering judgments. This resulted in the transformation of the norms safeguarded under...

This research aims to understand how and under which conditions military innovation materialises itself in the contemporary period. Adopting a holistic approach and conducting a historical analysis on the development of precision-guided munitions and non-lethal weapons, I identify mechanisms to assess this process. Accordingly, innovation occurs th...