The Spirit of International LawUniversity of Georgia Press, 25 янв. 2010 г. - Всего страниц: 296 As our society becomes more global, international law is taking on an increasingly significant role, not only in world politics but also in the affairs of a striking array of individuals, enterprises, and institutions. In this comprehensive study, David J. Bederman focuses on international law as a current, practical means of regulating and influencing international behavior. He shows it to be a system unique in its nature—nonterritorial but secular, cosmopolitan, and traditional. Part intellectual history and part contemporary review, The Spirit of International Law ranges across the series of cyclical processes and dialectics in international law over the past five centuries to assess its current prospects as a viable legal system. |
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... appears in this series on the “Spirit of the Laws,” and I am grateful to Professor Alan Watson for extending me an invitation to essay such a project. Polymath and eclectic as he was, Charles Louis Montesquieu opined about many legal ...
... international community, really consent to certain basic principles of international law? The consent theory, according to Fenwick, is “inadequate to explain the assumption upon which governments appear to have acted from 14 Chapter 1.
David J. Bederman. plain the assumption upon which governments appear to have acted from the beginning of international law.”28 Likewise, James Brierly suggested that to believe that international law consists only of rules to which ...
... appears to be entertained more seriously for international law than for any other modern, non-faith-based legal system. Despite the political function of rules in an international community (as in any other), it is certainly fair to ...
... the robust relevance of international law as rules of international conduct today, that would appear to be a most unwise course to pursue. IS INTERNATIONAL LAW ''LAW''?— AND WHY IT MATTERS International law Authority and Obligation 23.
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1 | |
27 | |
3 Methods and Approaches | 49 |
4 Subjects and Objects | 79 |
5 Coherence and Sophistication | 94 |
6 Values and Paradoxes | 110 |
7 Confines | 139 |
8 Formalism and Pragmatism | 162 |
9 Enforcement and Compliance | 186 |
10 Rectitude and Ambition | 204 |
11 Skepticism and Exuberance | 221 |
Notes | 227 |
Index | 257 |