Title:
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Choice and authority : the normative significance of international law
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States that interact in the international arena claim authority within their area of jurisdiction;
they claim a right to rule and to govern the practical rationality of their subjects. When states
are regularly obeyed and subjects acknowledge their authority claim, they have a de facto
authority that enables them to control the behaviour of their subjects. The capacity that a
political entity has to successfully exercise de facto authority in order to control the behaviour
of agents is a valuable asset that is the object of negotiation at the international level. The role
of international law is that of harmonizing the exercise of authority of multiple independent
political entities in order to enable international cooperation. Authority, however, is not a
commodity, but a normative power which is subject to standards of political legitimacy. The
international order is an authority-specification system that aims to regulate the future exercise
of political power of domestic political entities. The international order must not only preserve
the moral significance of collective choices by protecting the right of self-determination of
domestic societies: it must also enable societies to interact under conditions that allow
international agreements to have a normative weight. An international order is only legitimate
if choices about foreign policies can be normatively transfonnative. According to this, consent
among international actors must be given under conditions that attribute control over the
proceeding to international actors. International relations should be conducted under
background conditions of political fairness that enable international actors to have an adequate
chance to influence political outcomes. International procedures of negotiation and law-enactment
have an independent moral significance and they must justify the limits they aim to
impose on domestic sovereignty.
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