A presentation by Başak Çalı (Hertie School). This event is part of the Fundamental Rights Research Colloquium.
In the last decade, the European Court of Human Rights (ECtHR) has started to ask whether ulterior political or economic motives are at play when states restrict human rights. In so doing, the Court has made important inroads into developing bad faith review standards.
Bad faith is an under-developed and contested doctrine in international law. Sceptics argue that it is hard to prove and may let too much of politics into law. The recent doctrinal innovations of the ECtHR, therefore, offer a critical case to study what a bad faith review is, what it is for, whether it works and whether we need more or less of it in international law in general and in human rights law and in Europe, in particular.
Başak Çalı is Professor of International Law at the Hertie School and Director of the School's Centre for Fundamental Rights. She is an expert in international law and institutions, international human rights law and policy. She has authored publications on theories of international law, the relationship between international law and domestic law, standards of review in international law, interpretation of human rights law, legitimacy of human rights courts, and implementation of human rights judgments. Çalı is the Chair of European Implementation Network and a Fellow of the Human Rights Centre of the University of Essex. She has acted as a Council of Europe expert on the European Convention on Human Rights since 2002. She has extensive experience in training members of the judiciary and lawyers across Europe in the field of human rights law. She received her PhD in International Law from the University of Essex in 2003.
