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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... institutions. Why, then—if international law is so historically legitimate and ethically relevant, so doctrinally robust and functionally necessary— do so many people (including lawyers, policy makers and scholars) believe it does not ...
... institutions and a profound self-awareness that we would today call nationalism. It just so happens that the Thirty Years War saw the rise of modern nation-states such as Great Britain, France, Spain, Portugal, Sweden, and Russia. The ...
... institutions (the law of the Roman Catholic Church, or canon law), and common European customs involving such transnational issues as trade and control of conflict (the ius commune). The earliest, “classic” scholars of international law ...
... institution of slavery and the slave trade. The practical problem for international lawyers of that time was whether a small group of states (Great Britain and the United States) could unilaterally seek to suppress the international ...
... , in the application of international law rules by transnational actors, tribunals, and institutions. Natural law theories underwent a renaissance with renewal of interest in human dignity Authority and Obligation 15.
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 |