So many of the most prominent law and religion cases–Lautsi, Kokkinakis, Eweida, and on and on–represent conflicts between the views and mores of particular European and sometimes Asian states, on the one hand, and those of the international European community, on the other. Here is a new book that looks like it will discuss some of these issues: International Judicial Review: When Should International Courts Intervene? (Cambridge University Press), by Shai Dothan.
“This book is motivated by a question: when should international courts intervene in domestic affairs? To answer this question thoroughly, the book is broken down into a series of separate inquiries: when is intervention legitimate? When can international courts identify good legal solutions? When will intervention initiate useful processes? When will it lead to good outcomes? These inquiries are answered based on reviewing judgments of international courts, strategic analysis, and empirical findings. The book outlines under which conditions intervention by international courts is recommended and evaluates the implications that international courts have on society.”