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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... accept international law on its own terms. Indeed, some readers may regard the structure of this book as strange and counterintuitive. Part intellectual history, part contemporary review, this book reflects on the nature of ...
... assert that it is unjust to punish those who in defiance of treaties and assurances have attacked neighbouring states without warning is obviously untrue, for in such circumstances the attacker must know that he is doing wrong, and so ...
... assert that rights and duties presuppose the existence of a legal system established by direct human volition and lawmaking.15 The exogenous character of natural law rules has always posed Authority and Obligation 11.
... asserting that international law depends on international politics and lacks any legitimacy or authority apart from it ... assert that international law is, to a growing degree, becoming more autonomous and independent of state behavior ...
... assertion depends on a utilitarian and rationalist attitude that states and other international actors conduct themselves only out of self-interest. When that self-interest coincides with community norms of behavior, the realist might ...
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 |