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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... example, Kelsen noted that newly created states enter international life with some rights and duties already specified, without the necessity of adoption or ratification.24 “Just as the individual does not submit [himself] voluntarily ...
... example, observed that the “positivist theory takes it for granted that all International Law is conventional [treaty] law . . . and that all validity of International Law is in the last instance derived from a union of the wills of ...
... examples of violations of international law norms are extraordinarily well publicized, the literally thousands of instances of law compliance go unnoticed and unheralded. Countries have a self-interest in the predictability and ...
... example, the law of treaties shows many common structural similarities with contract law. Likewise, there is a strong flavor of property law in the international law of territory, tort law in the international law of state ...
... examples of consent-based obligations mixing with enduring truths, or sovereignty giving way to cooperation, or legal norms being delinked from political expediency. What is manifest in this handful of examples drawn from international ...
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 |