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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... POSITIVIST. AND. NATURALIST. BASES. IN. HISTORICAL. CONTEXT. Discussing the bases of international law obligation has become a sort of rite de passage for international law commentators (known more formally as publicists), whether ...
... positivist tradition, reflected in the works of Alberico Gentili (1552–1608), Richard Zouche (1590–1660), Samuel Pufendorf (1632–94), Cornelius van Bynkershoek (1673–1743), Johan Jacob Moser (1701–55), and Emmerich de Vattel (1714–69) ...
... positivism was the favored instrument of international relations in the age of revolutions and was followed by the ... positivist and naturalist approaches to international law. It came in the early 1800s and was waged over the most ...
... positivists, who embraced state sovereignty and the necessity of ascertaining state consent for new rules of international conduct, the issue was more difficult. In a series of cases decided by English and U.S. courts, the positivist ...
... positivist approach by suggesting that a prohibition against aggression was well enough established by 1939 to give fair notice to the defendants. But another panel took a very different tack, denying the very relevance of positivism ...
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 |