TY - JOUR A1 - Çalı, Başak A1 - Cunningham, Stewart T1 - Judicial Self Government and the Sui Generis Case of the European Court of Human Rights JF - German Law Journal Y1 - 2018 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-27434 VL - 19 IS - 7 SP - 1978 EP - 2006 ER - TY - JOUR A1 - Çalı, Başak A1 - Costello, Cathryn A1 - Cunningham, Stewart T1 - Hard Protection through Soft Courts? Non-Refoulement before the United Nations Treaty Bodies JF - German Law Journal N2 - This Article comparatively analyses how the prohibition of refoulement is interpreted by United Nations Treaty Bodies (UNTBs) in their individual decision-making, where we suggest they act as “soft courts.” It asks whether UNTBs break ranks with or follow the interpretations of non-refoulement of the European Court of Human Rights. This investigation is warranted because non-refoulement is the single most salient issue that has attracted individual views from UNTBs since 1990. Moreover, our European focus is warranted as nearly half of the cases concern states that are also parties to the European Convention on Human Rights. Based on a multi-dimensional analysis of non-refoulement across an original dataset of over 500 UNTB non-refoulement cases, decided between 1990–2020, as well as pertinent UNTB General Comments, the Article finds that whilst UNTBs, at times, do adopt a more progressive position than their “harder” regional counterpart, there are also instances where they closely follow the interpretations of the European Court of Human Rights and, on occasion, adopt a more restrictive position. This analysis complicates the view that soft courts are likely to be more progressive interpreters than hard courts. It further shows that variations in the interpretation of non-refoulement in a crowded field of international interpreters present risks for evasion of accountability, whereby domestic authorities in Europe may favor the more convenient interpretation, particularly in environments hostile to non-refoulement. Y1 - 2020 U6 - https://doi.org/doi:10.1017/glj.2020.28 SN - 2071-8322 IS - 21 SP - 355 EP - 384 ER - TY - CHAP A1 - Çalı, Başak A1 - Cunningham, Stewart ED - Çalı, Başak ED - Bianku, Ledi ED - Motoc, Iulia T1 - The European Court of Human Rights and Removal of Long-Term Migrants: Entrenched Statism with a Human Voice? T2 - Migration and the European Convention on Human Rights Y1 - 2021 PB - Oxford University Press ER -