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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... 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 regulation (what I call the subjects and objects of the discipline) ...
... positivists who assert that rights and duties presuppose the existence of a legal system established by direct human volition and lawmaking.15 The exogenous character of natural law rules has always posed Authority and Obligation 11.
... lawmaking. This development is not confined to obvious areas such as human rights protections but also permeates many other doctrinal pockets of the discipline (including international environmental law, state responsibility, and treaty ...
... lawmaking processes. International law relies on a number of mechanisms to enforce its norms and is not hermetically sealed from domestic legal systems. By necessity, international law interpenetrates municipal law on many different ...
... lawmaking in domestic legal systems. Much more than that, however, because international law serves the interests of a special constituency (the global community) and a special value (the rule of law in international relations), it is ...
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 |