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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... become a sort of rite de passage for international law commentators (known more formally as publicists), whether traditional or contemporary. In almost all of international law discourse over the past half millennium, consideration of ...
... become a proverbial Rorschach test for international lawyers. Depending on what they make of the “inkblots” that characterize the reasons why international actors obey international legal rules, lawyers draw important conclusions as to ...
... become practically meaningless.”14 And natural law as applied to the law of nations has always been an attractive target for positivists who assert that rights and duties presuppose the existence of a legal system established by direct ...
... become positive law when the will of the state consents to being bound by them either expressly or by implication. The doctrine of consent generally teaches that the common consent of states voluntarily entering the international ...
... becomes the benchmark for international obligation, what happens when an international actor withdraws its approval of a particular legal norm (whether reflected in a treaty, custom, or another manifestation of consent)? In response to ...
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 |