The Amsterdam Centre for Migration and Refugee Law (ACMRL) and Human Rights Discourse in Migration Societies (MeDiMi) are organising a research workshop ‘Reverse Strategic Litigation by Governments on Migrants’ Rights’. This workshop focuses on governmental litigation practices before international human rights courts and committees, particularly in migration-related cases. Governments are increasingly active in shaping the interpretation of human rights law in relation to migration control, both as respondents and as ‘doctrinal entrepreneurs’ in litigation.

Key questions to be explored:

• What are the practices of governments before human rights courts and committees in migration-related cases?
• How do Governments contribute to and engage in human rights litigation?
• Do they act as ‘doctrinal entrepreneurs’, engaging in ‘reverse strategic litigation’ in order to shape the meaning of human rights law?

Contributions are welcomed from researchers across all career stages and disciplines who wish to tackle these questions through legal-doctrinal or empirical analysis, with case studies from different regions and treaty bodies. Submissions on topics that engage with one or more of the following elements are welcomed:

• What litigation strategies do Governments engage in, both in their role as respondents and beyond?
• What (tacit) tactics and mechanisms might Governments be using to shape courts’ and treaty bodies’ jurisprudence?
• Discussions of case/s or situations or specific doctrinal or procedural developments where a litigation strategy of Governments can be identified;
• Case studies of Government practices in the migration jurisprudence of a particular court or treaty body or on a particular element of migration policy;
• Case studies on how the relevant decision-making on Governmental litigation strategies is organised at the national level.

Participants interested in joining should send an abstract (up to 400 words) to j.klueger@vu.nl and m.avila.curras@vu.nl by December 20, 2024, using the subject line ‘Reverse Strategic Litigation by Governments workshop.’ Be sure to include your name, affiliation, and contact information in your submission.