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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... centuries have come only after periods of intense global conflict. One can almost linearly chart the progress of new international organizations, new substantive rules of international conduct, and new procedures of dispute settlement ...
... century American writers on the subject: Chancellor James Kent, Professor Henry Wheaton, and Justice Joseph Story. There was bound to be a collision between positivist and naturalist approaches to international law. It came in the early ...
... century before: the Nuremberg and Tokyo trials of the top German and Japanese military and political leadership after World War II. Indicted under the London Charter, one of the crucial counts against some of the defendants was the ...
... century. But the irony should not be lost that a criminal judgment that purported to affirm fundamental human rights values was nevertheless condemned as “victor's justice” and was criticized by at least one dissenting judge as lacking ...
... century and the war crimes prosecutions in the midtwentieth bracket the period of “high positivism” in international law. Both before and after that time, positive and naturalist bases of international obligation mixed with and suffused ...
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 |