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The Authority of International LawObedience, Respect, and Rebuttal$
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Basak Çali

Print publication date: 2015

Print ISBN-13: 9780199685097

Published to Oxford Scholarship Online: November 2015

DOI: 10.1093/acprof:oso/9780199685097.001.0001

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The Authority of International Law

The Authority of International Law

A Doctrinal Account

Chapter:
(p.49) 2 The Authority of International Law
Source:
The Authority of International Law
Author(s):

Başak Çalı

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199685097.003.0003

Chapter 2 presents the core argument of the book. It first discusses how we may go about identifying the conceptual characteristics of international law’s authority. It argues that discussions on the authority of international law are largely modelled on discussions of the authority of domestic laws. It questions whether our concerns with the authority of law in a single state adequately carry over to the international realm. Chapter 2 then looks at how we can systematically think through the authority of international law as having the capacity to impose duties and confer powers on state officials. It illustrates the different types of duty that may be imposed on domestic authorities by international law. The chapter develops, first, the notion of the relational authority relationship and, second, the differentiated duties of obedience, respect, or rebuttal as a conceptual scheme that makes best sense of the authority of specific international laws.

Keywords:   domestic analogy, interdependency, common risks, minimalist deference, relative authority, strong duties, weak duties, rebuttable duties

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