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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... binding on international actors in relations, transactions, and problems that transcend national frontiers. As a legal system, international law has been present, in some form, at all times in which an authentic system of self-aware ...
... or ratification.24 “Just as the individual does not submit [himself] voluntarily to the domestic law of [his] state which is binding upon him without and even against his will,” Kelsen wrote, Authority and Obligation 13.
... binding upon it whether it does recognize international law or does not recognize it.”25 Other scholars have noted that it really was not possible to speak of a “collective will” of states, dismissing such a notion as they would a ...
... ). Indeed, if there were a world parliament (capable of making law binding on the whole globe) and a world police force, the face of international relations would be utterly different. In fact, it Authority and Obligation 25.
... binding as law. This is called custom. Even before the customary practices of international actors begin a process of establishing legal rules, it is possible to imagine certain norms that figure in almost all legal systems and are thus ...
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 |