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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... aspects of the incorporation of international law into domestic legal systems are purposefully sublimated here. I have regarded my charge in writing this book as requiring that I accept international law on its own terms. Indeed, some ...
... aspects of my subject. Moving from almost philosophical concerns in chapter 1 (on the nature of authority and obligation in international law), I consider the sources and methods of international lawmaking in the successive chapters ...
... aspect and spectrum of human cooperation. It has created progressively more complicated and supple legal and regulatory regimes for virtually all functional areas of international concern. At the same time, this world order has managed ...
... aspects of international life.41 Drawing from Louis Henkin's famous observation that “almost all states observe almost all principles of international law and almost all of their obligations almost all of the time,”42 the working ...
... aspects of international law seem well settled and are largely impervious to change by the whim of particular international actors. Apart from those situations, international law has proven itself adept at incorporating state ...
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 |