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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... important diplomatic correspondence, serious international incidents, and weighty scholarly commentary. Again, my purpose in discussing these texts is not to knit together a doctrinal review of international law. Rather, I felt that ...
... important conclusions as to the sources, processes, and doctrines of international law. Theory thus has a place of prominence in international legal analysis that might otherwise seem undeserved. This discussion of the bases of ...
... important influence on the development of international law. The Roman law vision of ius gentium (a law of peoples), a body of rules recognized by and applied to citizens and non-Romans alike, supplied a significant historical pedigree ...
... important caveat: a state's willingness to limit its authority went only as far as the rules it embraced did not interfere with its essential sovereignty. In short, when push came to shove, a state could reassert its sovereignty and ...
... important) respect, there is no hierarchy established among the sources. Indeed, in reading article 38 one might believe that the sources mentioned may not even have an obvious interrelationship: they are separate and distinct ...
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 |