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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... objectives of international legal order as well as possible tensions among those values. In sharp contrast, the following chapter explores how the discipline is bounded by considerations of domesticity, privity, and politics. Toward the ...
... objective fact subject to empirical testing through observation of the behavior of states and other international actors. ORGANIZING. PRINCIPLES. OF. INTERNATIONAL. AUTHORITY. This discussion of natural and positive theories of ...
... objective in application. That international 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 ...
... objectives of serving the international community (see chapter 10). Is. International. Law. about. Rules. or. Process ... objective. Process discourse has been seen as a way to move international law to a higher and more abstract, but ...
... objective means of providing rules of conduct in international relations, or that these sources are readily accepted by all international actors. Because identifying the sources of international law is such a crucial exercise for 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 |