It is an imperative to investigate the reasons for the rise of authoritarian states in a way that will affect global democratic stability and worldwide order within international law. Although international law primarily regulates state relations, there are no regulations that address state, non-state actors and regimes’ authoritarian practices. The article introduces authoritarian capital to highlight the development of blurred authority through 5 differing national, international and transnational phases within international law. The development of authoritarian capital from states, non-state actors and regimes from the theoretical framework in the 5 phases reveal gaps within international law to adequately address declining democracy and increasing authoritarianism within national, international and transnational norms. In addition, the advancement of international law is constrained due to an under theorized state and non-state actors use of authority within institutions and legal norms. Consequently, international law emphasizes merely state behavior and obligations rather than non-state actors as participants in the law making processes. By paying attention to the 5 differing phases of authoritarian capital, the article delivers a new and improved understanding of growing types of authoritarianism within democratic countries and non-democratic countries to help legal scholars to address state and non-state actors’ increasing authoritarianism within international law.