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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David J. Bederman. 1. Authority. and. Obligation. International law is those rules of conduct that are binding on international actors in relations, transactions, and problems that transcend national frontiers. As a legal system, ...
... global conflict. One can almost linearly chart the progress of new international organizations, new substantive rules of international conduct, and new procedures of dispute settlement between international actors by the dates that mark ...
... international law rules, it would be useful to chart other influences on norms of international conduct. One such consideration is that the notion of sovereignty—and its handmaiden of positivism (that states are subject to no moral ...
... international traffic in slaves. That question turned on whether the slave trade violated international law. For those who believed in natural law principles—that state conduct was subordinated to moral values—the answer was easy ...
... international conduct, the issue was more difficult. In a series of cases decided by English and U.S. courts, the positivist view ultimately prevailed: slavery and the slave trade could only be suppressed if states explicitly agreed ...
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 |