The authority of international law : obedience, respect, and rebuttal
Çali, BasakAuthor
Offering a nuanced and realistic account of the authority of international law, this book discusses whether international law is obeyed, and the type of duties it imposes on the state. Through a review of present accounts ranging from the mainstream to extra-disciplinary, the extent of authority is explored.
Bibliographic Level Mode of Issuance: Monograph
Includes bibliographical references and index.
Offering a nuanced and realistic account of the authority of international law, this book discusses whether international law is obeyed, and the type of duties it imposes on the state. Through a review of present accounts ranging from the mainstream to extra-disciplinary, the extent of authority is explored.
Description based on online resource; title from home page (viewed on October 14, 2015).
Table of cases -- Table of instruments. Introduction : Mr. Hirst and Mr. Davis -- The methodological approach of this book -- The core argument of the book -- The contribution of this book -- The proliferation of international law -- The structure of the book. 1 Authority and international law: the state of the field : Introduction -- The standard view: consent as the basis of binding quality -- Constitutionalist and pluralist conceptions of the authority of international law -- Self-interest and the authority of international law -- The authority of international law: the need for appraisal. 2 The authority of international law: a doctrinal account : Introduction -- The conceptual baggage of domestic law -- Re-defining the authority of international law -- Stage I: back to the drawing board: the initial situation -- Stage II: a relational notion of authority -- Strong, weak, and rebuttable duties -- Ius Cogens and the authority of international law -- Violations of strong, weak, and rebuttable duties -- Conclusion. 3 Minimal deference and domestic political authority : Introduction -- The nature of domestic political authority -- Objections to the authority of international law -- Preliminary objections: traditional sovereignty with normative absolutism -- Qualified objections to the authority of international law -- The way out: consent as a procedural value of international law -- Customary international law and the participation of political organs -- Taking stock: the duty of political authorities to take international law into account -- Dynamic international law and the risk of overriding the authority of political organs -- In defence of the authority of dynamic international law -- Mr. Davis revisited -- Conclusion. 4 Beyond monism and dualism : Introduction -- The domestic judge and international law -- The default position: the relativity of monism and dualism -- Monism and dualism: the origins -- The formal variant of monism and dualism -- The ideological variant of monism and dualism -- Beyond monism and dualism: towards a reflexive authority of international law before domestic courts -- Domestic judges and strong duties -- Domestic judges and the duty to respect -- Domestic judges and rebuttable duties -- Reflective international law authority and domestic law -- Conclusion. 5 The practical authority of international law: an appraisal : Introduction -- A better account than the standard account? -- Hybrid consent and the authority of international law -- Indeterminacy and multiple authority claims -- Constitutionalism and pluralism revisited -- Is relative authority monism in disguise? -- Conclusion. Conclusion. Bibliography. Index.
International law
International Law - General
International Law
Law, Politics & Government