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 law), I consider the sources and methods of international lawmaking in the successive chapters. Chapter 4 canvasses the roster of legal actors in the international system as well as the permissible scope of international ...
... international law. Both before and after that time, positive and naturalist bases of international obligation mixed with and suffused ... lawmaking.15 The exogenous character of natural law rules has always posed Authority and Obligation 11.
... international law so distinctive is the reemergence of naturalist, value-based positions that compete in prominence with the vastly expanding institutions and principles of positive lawmaking. This development is not confined to obvious ...
... international actors themselves but is significantly supplemented by enduring (natural law) principles that are not subject to the whim of the constituents or necessarily even to internal lawmaking processes. International law relies on ...
... international doctrines and institutions are evolving to replicate the successful forms of lawmaking in domestic legal systems. Much more than that, however, because international law serves the interests of a special constituency (the ...
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 |