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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... international life. I incurred many debts in writing this book. Particular thanks go to Anthony Clark Arend, Harold J. Berman, Richard B. Bilder, Curtis A. Bradley, Thomas M. Franck, W. Michael Reisman, Alfred P. Rubin, xii Preface.
... particular rule of international custom] must assume for its basis the position that modern usage constitutes a rule which acts directly upon the thing itself by its own force, and not through the sovereign power. This position is not ...
... particular source of an international legal obligation. Consent positivists have sharply disagreed on this point. Alf Ross, for example, observed that the “positivist theory takes it for granted that all International Law is ...
... particular legal norm (whether reflected in a treaty, custom, or another manifestation of consent)? In response to this critique, traditional positivism developed an idea known as voluntarism or “autolimitation.” Under this idea, states ...
... particular international actors. Apart from those situations, international law has proven itself adept at incorporating state expectations and translating them into rules that are neutral and objective in application. That ...
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 |