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OverviewThe 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. Full Product DetailsAuthor: Basak Çali (Director, Center for Global Public Law and Associate Professor in International Law, Director, Center for Global Public Law and Associate Professor in International Law, Koç University)Publisher: Oxford University Press Imprint: Oxford University Press Dimensions: Width: 17.50cm , Height: 2.00cm , Length: 24.00cm Weight: 0.500kg ISBN: 9780199685097ISBN 10: 0199685096 Pages: 224 Publication Date: 08 October 2015 Audience: College/higher education , Professional and scholarly , Undergraduate , Postgraduate, Research & Scholarly Format: Hardback Publisher's Status: Active Availability: To order  Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us. Table of ContentsIntroduction 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 ConclusionReviewsAuthor InformationBasak 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. Tab Content 6Author Website:Countries AvailableAll regions |
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