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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... norms of international conduct. One such consideration is that the notion of sovereignty—and its handmaiden of positivism (that states are subject to no moral authority above them)—has not always been ascendant and is not so today ...
... norms need not be made in reference to written treaties but may be also manifested in regard to customary obligations. According to the proponents of this approach, because consent can be either express or tacit, a broader range of ...
... norms drawn from nonexpress sources, such as custom.29 Another difficulty, also noted by Brierly, is that if consent becomes the benchmark for international obligation, what happens when an international actor withdraws its approval of ...
... norms track state behavior and expectations is a signal strength of the international legal system. As long as international law does not, in Martti Koskenniemi's turn of phrase, become too “apologetic” for aberrant or atavistic state ...
... norms of behavior, the realist might say, then international law will be obeyed. However, when the law conflicts with national self-interest, the law will be ignored. The realist concludes that any law that can be followed or not at the ...
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 |