OXFORD UNIVERSITY PRESS

Let's Go Special Pack
 

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

ISBN : 9780199685097

参考価格(税込): 
¥11,682
著者: 
Basak Çali
関連カテゴリー
ページ
224 ページ
フォーマット
Hardcover
サイズ
175 x 240 mm
刊行日
2015年10月
メール送信
印刷
  • Offers an original account of the authority of international law, one that is now tied to prior state consent or domestic constitutional frameworks
  • Considers the type of duty imposed on the state and its normative force the deteriming factor in whether or not international law is obeyed
  • Provides a realistic account of when international law has absolute authority, and when it can afford a margin of appreciation to states

  
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 Rebuttaladdresses 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, Çalı 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.

目次: 

Introduction
1: Authority and International Law: The State of the Field
2: The Authority of International Law: A Doctrinal Account
3: Minimal Deference and Domestic Political Authority
4: Beyond Monism and Dualism
5: The Practical Authority of International Law: An Appraisal
Conclusion

著者について: 

Basak Çali, Director, Center for Global Public Law and Associate Professor in International Law, Koç University
  
Basak Çali 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 Koç University Law School in Istanbul as Associate Professor in International Law.

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