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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... Laws, and international law (or, as he called it, the “law of nations”) did not escape his encyclopedic attention. He observed, “The law of nations is naturally founded on this principle[:] that different nations ought in time of peace ...
... 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 legal ...
... international law lacks a supreme legislator, a coercive sovereign, and an authoritative law interpreter, it can only be regarded as “positive international morality.”2 This attack on international law has undergone many permutations ...
... international lawyers. Depending on what they make of the “inkblots” that characterize the reasons why international actors obey international legal rules, lawyers draw important conclusions as to the sources, processes, and doctrines ...
... 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 |