国際刑法の権威 The Authority of International Criminal Law : A Controversial Concept

著者名：Moran, Clare Frances

Cambridge University Press（2023/09/07発売）

• 言語：ENG
• ISBN：9781108483650
• eISBN：9781108588522

Description

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.

Table of Contents

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.