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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... international actors obey international legal rules, lawyers draw 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 ...
... Law of Nations), published in 1758, was widely read in European capitals and ... international relations in the age of revolutions and was followed by the ... principles—that state conduct was subordinated to moral values—the answer ...
... international community, is endowed with certain 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 ...
... international law, which is binding upon it whether it does recognize international law or does not recognize it.”25 Other ... doctrine of consent generally teaches that the common consent of states voluntarily entering the international ...
... international legal obligation. Having engaged in the lawyerly task of collecting the sources and materials that describe international law, one can then offer an intelligent opinion of the doctrines or rules of international conduct ...
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 |