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 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, 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 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.

Introduction ; 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: Beyond Normative Absolutism and International Law Domination ; 4. Beyond Monism and Dualism: A Reflective Theory of the Authority of International Law Before Domestic Courts ; 5. The Practical Authority of International Law: An Appraisal ; Conclusion