The authority of international law : obedience, respect, and rebuttal

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 law theory and practice. __The Authority of International Law: Obedience, Respect, and Rebuttal__ addresses these concerns by reviewing the present accounts of authority in international law constructing the authority of international law as imposing three different layers of duties on domestic officials: the duty to obey, the duty to respect and the duty to rebut, carefully setting out the duties owed by domestic political and legal authorities towards international law.This book provides an original account of the authority of international law, one that is not tied to prior state consent or domestic constitutional frameworks. It offers a nuance 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 duties normative force. There is no black and white 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: Obedience, Respect, and Rebuttal__ contributes to existing debates on the authority of international law through considering the gap between consent-based jurisprudential theories of authority and self-interest and identity-based theories of compliance; looking at the importation of often highly demanding concepts of authority and legitimacy from standard domestic political and legal theory, to identify the shortcomings of the authority of international law; and by considering monism, dualism, and normative pluralism as theories for addressing authority competition between domestic legal orders and international law. The Book Provides An Original Interpretation Of The Authority Of International Law - An Interpretation That Is Not Tied To Prior State Consent Nor To Domestic Constitutional Frameworks. It Offers A Nuanced Account, Arguing That Whether International Law Has A Claim To Authority In 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, The Author Presents A Realistic Account Of When International Law Has Absolute Authority, And When It Can Afford For States To Have A Margin Of Appreciation. 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. Başak Çali. Includes Bibliographical References (pages 181-195) And Index. 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 law theory and practice. The Authority of International Law: Obedience, Respect, and Rebuttal addresses these concerns by reviewing the present accounts of authority in international law constructing the authority of international law as imposing three different layers of duties on domestic officials: the duty to obey, the duty to respect and the duty to rebut, carefully setting out the duties owed by domestic political and legal authorities towards international law. This book provides an original account of the authority of international law, one that is not tied to prior state consent or domestic constitutional frameworks. It offers a nuance 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 duties normative force. There is no black and white 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: Obedience, Respect, and Rebuttal contributes to existing debates on the authority of international law through considering the gap between consent-based jurisprudential theories of authority and self-interest and identity-based theories of compliance; looking at the importation of often highly demanding concepts of authority and legitimacy from standard domestic political and legal theory, to identify the shortcomings of the authority of international law; and by considering monism, dualism, and normative pluralism as theories for addressing authority competition between domestic legal orders and international law. Présentation de l'éditeur : "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, Çal)i 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." 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, 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. This book tackles an old, but ever relevant question: does international law enjoy legal authority over domestic orders? If so, what is the form and extent of the authority of international law? The book answers the first question in the positive. International law enjoys authority over domestic political and judicial organs. Such authority, however, has sui generis characteristics. It may not be conclusive authority. It may also not demand blind obedience. What international law demands at the very least is minimalist deference. The book answers the second question by holding that each and every international law does not make identical claims to authority. What form and extent of authority international law enjoys depends on whether a particular international law imposes a strong, a weak, or a rebuttable duty. The duty of a domestic judge and politician is to reflectively ask and engage with what kind of a duty she is engaged in when bringing the international law's authority back home. The book has a decidedly practice-based and doctrinal approach to the questions it sets for itself. It demonstrates that realists, rationalists, and more recently democratic theorists have long attacked international lawyers. It is time to respond by offering a defence of the authority of international law and how it functions.-- Provided by Publisher 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