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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... practice. In a similar vein, while there is much international legal history in this volume, I have chosen to give substantial attention to the very contemporary problems and prospects of international life. I incurred many debts in ...
... practice depends on some coherent explanation of why international actors should obey a body of law that may be at variance with their interests. The nature of international obligation has thus become a proverbial Rorschach test for ...
... practice and customs, it may be enforced by a court of justice, whenever it arises in judgment. And I may go farther and say, that no practice whatsoever can obliterate the fundamental distinction between right and wrong, and that every ...
... practice. For 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 ...
... practice” for international law and international lawyers. The resolution of many international law disputes has turned on the decision makers' attitudes toward bases of obligation for international actors. The ICJ, the judicial organ ...
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 |