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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... lawyers, policy makers and scholars) believe it does not exist? Why does it seem to be the stepchild of legal studies, a discipline in search of its own reality? No other area of law is compelled to justify its very ontology and ...
... 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 of ...
... lawyers of that time was whether a small group of states (Great Britain and the United States) could unilaterally seek to suppress the international traffic in slaves. That question turned on whether the slave trade violated ...
... lawyers, and legal institutions in various aspects of international life.41 Drawing from Louis Henkin's famous observation that “almost all states observe almost all principles of international law and almost all of their obligations ...
... lawyers and diplomats have moved ahead of the needs of the international community (see chapter 10). International law is doctrinally most vulnerable—and most illegitimate— when it loses touch with its constituencies and function ...
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 |