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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... essential objectives of international legal order as well as possible tensions among those values. In sharp contrast, the following chapter explores how the discipline is bounded by considerations of domesticity, privity, and politics ...
... essentials, both Austin's and Hart's jurisprudence regard international law as devoid of the elements that confer order ... essential for capturing the spirit of international law. POSITIVIST. AND. NATURALIST. BASES. IN. HISTORICAL. CONTEXT.
... essential, inherent, or natural rights. The fundamentalrights-of-states doctrine thus locates a naturalist basis of obligation for international law in the idea that polities are really like individuals, endowed with certain inalienable ...
... essential sovereignty. In short, when push came to shove, a state could reassert its sovereignty and reject a rule that had previously bound it. Needless to say, this qualification drew sharp criticism. Brierly pungently noted that a ...
... Essential to understanding the nature of international law as a legal system is comprehending the sources of international legal rules. It would be hard to practice within any legal system without knowing, quite literally, where to find ...
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 |