The philanthropic privatization of supranational justice?

Abstract

Abstract In European Human Rights Justice and Privatisation, Gaëtan Cliquennois illustrates how a handful of tax-exempt philanthropic foundations, predominantly American, have redefined European courts to further their commercial agenda. Foundations such as the Open Society and Ford Foundation finance activist non-governmental organizations to carry out litigation that promotes the philanthropies’ preferred policy objectives, notably exemplified by systematic disregard for socio-economic human rights, which conflict with neoliberal principles. This review essay suggests that a deeper understanding of these dynamics can be achieved by moving beyond the philanthropic facade to view these benefactors not merely as neoliberals exploiting tax breaks for their lobbying activities, but more broadly as oligopolists converting their immense wealth into considerable non-majoritarian political power. Cliquennois’s findings reveal a situation less reminiscent of a “new Cold War” in lawfare, as he puts it, indicating a balanced contest, but rather a comprehensive Kulturkampf weaponizing supranational courts to undermine traditional Christian values and national sovereignty. Cliquennois encourages us to scrutinize the genuine philanthropic nature of these organizations, and, importantly, to assess their real effect on human rights, democracy, and the rule of law.