The Authority of International Law: Obedience, Respect, and Rebuttal

Hardcover | November 8, 2015

byBasak Cali

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The question of the authority of international law over domestic authorities and the duties of state officials to international law are fundamental concerns in international legal theory and practice. The Authority of International Law: Obedience, Respect, and Rebuttal addresses these concernsby reframing the present accounts of authority in international law, construing its authority as imposing three different layers of duties on domestic officials: the duty to obey, the duty to respect, and the duty to rebut. The book provides an original interpretation of this authority - one that is not tied to prior state consent or domestic constitutional frameworks. It offers a nuanced account, arguing that whether or not international law is obeyed within any given situation depends on the type of duty it imposeson the state, and that duty's normative force. There is no strict framework in which international law always trumps domestic law or vice versa. Instead, Cali presents a realistic account of when international law has absolute authority, and when it can afford a margin of appreciation to states. The Authority of International Law contributes to existing debates by considering the gap between consent-based jurisprudential theories of authority and self-interest and identity-based theories of compliance, and by considering monism, dualism, and normative pluralism as theories for addressingauthority competition between domestic legal orders and international law.

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The question of the authority of international law over domestic authorities and the duties of state officials to international law are fundamental concerns in international legal theory and practice. The Authority of International Law: Obedience, Respect, and Rebuttal addresses these concernsby reframing the present accounts of author...

Basak Cali gained her PhD in International Law from the University of Essex in 2003. She was Lecturer in Human Rights at UCL between 2004 and 2010, Senior Lecturer in Human Rights between 2010 and 2013, and Director of the MA in Human Rights. In 2014, she joined the Koc University Law School in Istanbul as Associate Professor in Intern...

other books by Basak Cali

Format:HardcoverDimensions:224 pages, 9.21 × 6.14 × 0.78 inPublished:November 8, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199685096

ISBN - 13:9780199685097

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Table of Contents

Introduction1. Authority and International Law: The State of the Field2. The Authority of International Law: A Doctrinal Account3. Minimal Deference and Domestic Political Authority4. Beyond Monism and Dualism5. The Practical Authority of International Law: An AppraisalConclusion