The Geopolitical Conundrum: Judicial Responses in a Changing World—a View from Europe

Faculty Colloquium

Presenter: Carolyn Moser, PhD, MA, Max Planck Research Group Leader (W2), Alfred Grosser Chair (Sciences Po).

Discussant: Mostafa Taherkhani, Phd Candidate, Sciences Po Law School.

Russia’s aggression against Ukraine is a powerful wake-up call for Europeans to face up to the uncomfortable realities of a changing international order. As Europeans grapple with the fragility of peace and stability on their continent, I turn my attention to a (usually) stabilizing force—the judiciary—to explore the central role of judicial actors in addressing these new geopolitical challenges.

In my presentation, I will embark on a study of how judges in Europe handle cases with security and defence implications in a legal and socio-political climate characterized by geopolitical turmoil. The impact of these dynamics on the daily lives of individuals, society in general, and the legal and institutional system in Europe and beyond is indeed significant.

As we know, judges and their decisions are not immune to external factors or public opinion. The war in Ukraine and its far-reaching consequences, for example, will not go unnoticed. Therefore, my talk aims to highlight the challenges that European judges face when trying to rule against the backdrop of evolving geopolitical realities that threaten both normative foundations and security interests. (How) will these developments find their way into judgements? And (how) will they reshape the legal and institutional landscape?

By analyzing recent caselaw from national, regional and supranational judicial actors, I will map different judicial responses. As this project is still in its infancy and my case law analysis far from exhaustive, I will share initial insights into the delicate balance that courts must strike between norms, principles, rights and (not necessarily explicit) geopolitical considerations.

Join me in exploring the intricate terrain where law, geopolitics, and jurisprudence intersect. Given the early stage of this project, I welcome your perspectives and inputs to unearth new facets of the topic. Let’s collectively reflect on the future of European law and governance—and the function, limits, and challenges of the judiciary—in the face of unprecedented global change.