The Authority of International Criminal Law
A Controversial Concept

Considers the legitimacy and authority of international law, showing how it can be more than simply an exercise of power.

Clare Frances Moran (Author)

9781108483650, Cambridge University Press

Hardback, published 7 September 2023

220 pages
28 x 19 x 2 cm, 0.56 kg

Despite a wealth of literature exploring the issues surrounding it, the legitimacy and authority of international criminal law remain in question. Adopting a perspective informed by legal and political philosophy, Clare Frances Moran considers the authority of international criminal law, why it can be conceived of as more than simply an exercise of power and how that power may be exercised legitimately. Advancing existing scholarship on the subject, Moran explores the roots of the authority of law at the domestic level and tests these ideas in an international context. She examines sovereignty, complementarity and postcolonial issues, and how each impact international criminal law. By developing a theory on the authority of international law, Moran considers how it might be possible to adjudicate more effectively at the international level.

1. Introduction
2. The link between authority and legitimacy
3. The authority of public international law
4. The authority of international criminal law
5. Sovereignty and complementarity
6. Postcolonialism and Bias in international criminal law
7. A theory of authority of international criminal law
8. Conclusion
References
Index.

Subject Areas: Public international law [LBB]