Rule of law assistance, international rulings and the politicization of the judiciary – studying power and resistance to judicial reforms in Peru and Argentina

• In Event: The Role of Courts in Rights Protection

Abstract

Contact between national and international regimes, norms as well as political and legal systems provide both: room for development and room for frictions on various levels and among different actors involved.
To study both, in depth studies of national systems are required before international rule of law reforms are implemented, a prerequisite that is often not met. In addition, rule of law reforms often address one specific governmental branch, namely the judiciary, yet place heavy burdens on the executives that carry out the and negotiate the reform on national level. The specific tensions that arise between branches of government and the politicization of the judiciary in the course of rule of law assistance initiatives have been scarcely studied.
On the other hand, international tribunals increasingly demand structural reform in their decisions. In doing so, they have been accused of expanding their jurisdiction in infringement with national sovereignty and in consequence increasingly met resistance. Not only the timing of the decisions, but also the poor understanding of national political dynamics have been at the core of critic towards those tribunals.
This paper addresses institutional imbalances and political crises in Peru and Argentina with regard to international rule of law initiatives by the World Bank and the impact of decisions by the Inter-American Court of Human Rights. Combining both actors provides a fresh view on the multifaceted initiatives and rulings with an impact on judicial reforms and the relationship among various actors.

Author

• Julia Liebermann