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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... decision in La Jeune Eugénie, observed that it may be unequivocally affirmed, that every doctrine, that may be fairly deduced by correct reasoning from the rights and duties of nations, and the nature of moral obligation, may ...
... Decisions such as this sounded the death knell for the effective application of natural law principles to derive concrete international legal rules. Positivism reigned supreme in international relations from 1848 to 1919. Gone were the ...
... decision makers, tended to diminish the role played by actual legal rules.36 The New Haven school consistently argued that international law was not a body of rules but a process of authoritative decision making.37 By emphasizing the ...
... decision maker or commentator views sovereignty and the necessity of cooperation in international life says much about his or her attitude toward international law.45 Those who view sovereignty as an immutable characteristic of the ...
... decision making and policy values; rationalist institutionalist writing in international relations theory; or examinations of legitimacy in state relations.47 The tendency of much of this writing has been to reject a rules-based ...
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 |