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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... problems and prospects of 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 ...
... problems that transcend national frontiers. As a legal system, international law has been present, in some form, at all times in which an authentic system of self-aware polities has existed in human history.1 A hundred years ago, a ...
... problem for scholarship in this area, one that cuts to the quick any attempt to fashion an identity for international law as a discipline. Identifying a basis of obligation in international law—and answering the seemingly simple inquiry ...
... problem for international lawyers of that time was whether a small group of states (Great Britain and the United States) could unilaterally seek to suppress the international traffic in slaves. That question turned on whether the slave ...
... problems for identifying a basis of international obligation. Social-contract theorists (such as Jean-Jacques Rousseau, Roscoe Pound, H. Krabbe, and Leon Duguit),16 who were able to fashion credible (if not entirely coherent) theories ...
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 |