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  • Author or Editor: Kanstantsin Dzehtsiarou x
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In: Reflections on International Law

Abstract

This article applied the theory of “Voice and Exit” developed by Hirschman to the European Court of Human Rights’ (ECtHR or Court) interaction with its member States. According to this theory, if the organisation cannot be changed through Voice, the Exit of its members is more likely. This article argues that there are avenues for the Contracting Parties to the European Convention on Human Rights (ECHR) to Voice their concerns to the ECtHR, however it is important that the Court reacts to these concerns through feedback loops. The feedback loops do not come without a cost and the Court needs to be cognisant of their dangers. The article applies this framework to existing practices of the ECtHR and considers whether the Court used the feedback loops that have already been developed with maximum efficiency. This article establishes a typology of feedback loops and explains how they are operationalised by the ECtHR in practice.

Open Access
In: The Law & Practice of International Courts and Tribunals