The Authority of International Criminal Law

A Controversial Concept

Clare Frances Moran (University of Aberdeen)

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English

Cambridge University Press
07 September 2023

Jurisprudence & general issues; International criminal law

Series: ASIL Studies in International Legal Theory

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.

By: Clare Frances Moran (University of Aberdeen)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
ISBN: 9781108483650
ISBN 10: 1108483658
Series: ASIL Studies in International Legal Theory
Pages: 220
Publication Date: 07 September 2023
Audience: Professional and scholarly , College/higher education , Undergraduate , Further / Higher Education
Format: Hardback
Publisher's Status: Active

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.

Clare Frances Moran is Lecturer in Public International Law at the University of Aberdeen, where she teaches and researches international criminal law. She has held visiting positions at Columbia Law School and the Max Planck Institute for Foreign and International Criminal Law.