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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... application of natural law principles to derive concrete international legal rules. Positivism reigned supreme in international relations from 1848 to 1919. Gone were the days of nation-state building and the popular revolutions in ...
... and proliferation, space exploration and computer applications, environmental pollution and habitat degradation, or intellectual properties and entertainment, we are gradually living in a shrinking, interdependent 8 Chapter 1.
... application of international law theretofore existing. [Criminals] are amenable to punishment . . . without any prior designation of tribunal or procedure.”9 The Nuremberg and Tokyo trials—and the human rights revolution they spawned ...
... more importantly, in the application of international law rules by transnational actors, tribunals, and institutions. Natural law theories underwent a renaissance with renewal of interest in human dignity Authority and Obligation 15.
... application. That international norms track state behavior and expectations is a signal strength of the international legal system. As long as international law does not, in Martti Koskenniemi's turn of phrase, become too “apologetic ...
Содержание
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 |