Theorizing Legal Mobilization at the International Level

“This chapter develops a theoretical framework to explain why grassroots activists pursue litigation at international courts and how these efforts can reshape domestic social movements. It begins by situating the turn to international litigation within a context of domestic constraint and transnational opportunity, emphasizing the critical role of lawyers in identifying viable venues and guiding activists through strategic litigation. Moving beyond conventional, state-centered assessments of compliance, the chapter argues that international courts can shape domestic politics in more indirect but transformative ways. Even before a ruling is issued, litigation can embolden activists, legitimize their claims, and expand the repertoire of mobilization by attracting new allies, resources, and tactics. Drawing on sociolegal and social movement scholarship, the chapter develops the concept of “strategic mobilization of human rights” to describe how activists deploy rights language pragmatically to advance preexisting goals. Rather than transforming group identity or legal consciousness, rights frameworks often serve as tactical tools – mobilized when useful, discarded when not. The chapter concludes by identifying the conditions under which international litigation is more likely to catalyze domestic mobilization.”