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. |
Результаты поиска по книге
Результаты 1 – 5 из 55
... issues as trade and control of conflict (the ius commune). The earliest, “classic” scholars of international law, writing before and during the Thirty Years War, were often reacting to the excesses of sovereignty and positivism ...
... issue of the day: the 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 ...
... 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 that their nationals could not ...
... issue, international law can exist as “external public law,” in Hegel's expression. There is an obvious problem here: how can otherwise supreme states be subject to some exogenous law? Later writers, such as Heinrich Triepel23 and Hans ...
... issues and the value-dependent policies and wide range of behavioral factors used by international decision makers, tended to diminish the role played by actual legal rules.36 The New Haven school consistently argued that international ...
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 |