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

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.