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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... obligation in 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 ...
David J. Bederman. 1. Authority. and. Obligation. International law is those rules of conduct that are binding on international actors in relations, transactions, and problems that transcend national frontiers. As a legal system, ...
... law rules—is thus essential for capturing the spirit of international law. POSITIVIST. AND. NATURALIST. BASES. IN. HISTORICAL. CONTEXT. Discussing the bases of international law obligation has become a sort of rite de passage for ...
... legal system. It is then no surprise that publicists have, in a cyclical fashion, returned to the questions of authority and obligation. This is so particularly at times (such as these) of significant doctrinal change in international law ...
... and Asia. Among these was a peculiarly European notion of a law of nations for “civilized” nations. Despite the fact that China, Japan, and India had their own historic conceptions of international Authority and Obligation 7.
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 |