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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... certainly has been regarded as the most intelligible of positivist theories of obligation in international law. Nevertheless, it suffers from many of the same analytic failings as its competitors. Charles Fenwick raised the same kind of ...
... certainly fair to refer to an international legal system. I would go even further and assert that international law is, to a growing degree, becoming more autonomous and independent of state behavior. Some doctrinal aspects of ...
... certainly has impacted enforcement of international law norms (see chapter 9). Finally, it has influenced the extent to which international law is conservative or progressive and the manner in which it has reached or fallen short of its ...
... certainly is plenty of “practice” for international law and international lawyers. The resolution of many international law disputes has turned on the decision makers' attitudes toward bases of obligation for international actors. The ...
... certainly evolving toward an administrative and regulatory model for prescribing rules of conduct for such areas of functional cooperation as the operation of the international economy, protection of the global environment, and ...
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 |