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The Authority of International Law - Obedience, Respect, and Rebuttal (Hardcover)
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The Authority of International Law - Obedience, Respect, and Rebuttal (Hardcover)
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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 concerns by 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 imposes on 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 addressing authority competition between domestic legal orders
and international law.
General
Imprint: |
Oxford UniversityPress
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Country of origin: |
United Kingdom |
Release date: |
October 2015 |
Authors: |
Basak Cali
(Director, Center for Global Public Law and Associate Professor in International Law)
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Dimensions: |
240 x 175 x 20mm (L x W x T) |
Format: |
Hardcover
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Pages: |
224 |
ISBN-13: |
978-0-19-968509-7 |
Categories: |
Books >
Law >
International law >
Public international law >
General
Promotions
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LSN: |
0-19-968509-6 |
Barcode: |
9780199685097 |
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