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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... what might be called the Austinian critique and other forms of extreme skepticism. John Austin observed in 1832 that “the duties which [the law of nations]imposes are enforced by moral sanctions” 1 Authority and Obligation.
... , the participants in the legal system (the subjects of international law rights and duties, in chapter 4), and the legitimate topics of international legal regulation (the permissible confines of those rules, in chapter 7). So, 2 Chapter ...
... duties of nations, and the nature of moral obligation, may theoretically be said to exist in the law of nations; and unless it be relaxed or waived by the consent of nations, which may be evidenced by their general practice and customs ...
... who assert that rights and duties presuppose the existence of a legal system established by direct human volition and lawmaking.15 The exogenous character of natural law rules has always posed Authority and Obligation 11.
... duties of states. These are the jus cogens obligations (such as prohibition of genocide) that nations are not free to contract out of. The obvious difficulty with this fundamental-rights approach is its strong statist flavor. To the ...
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 |