UofT Law faculty authors: 

Brudner, A. "The Evolution of Authority," in Patrick Capps and Henrik Olsen, eds., Legal Authority Beyond the State (Cambridge: Cambridge University Press, 2018)


Alan Brudner’s contribution, upon which some of the other contributions of this book rely, redeploys his ‘career to authority’, which he set out powerfully in Constitutional Goods, to consider why states should treat attempts by international courts to enforce international human rights and international criminal law as authoritative. While some view the enforcement of international law as a threat to state sovereignty, Brudner regards it instead as the consummation of state sovereignty, and this explains precisely why international law should be treated as authoritative and interpretation of it by international courts as determinative. That is, international adjudicative institutions are a logical outcome of the evolution of domestic sovereignty from despotism to constitutionalism. To understand international legal authority in this way is to understand it as an aspect of the maturation of state sovereignty.