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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... questions of authority and obligation. This is so particularly at times (such as these) of significant doctrinal change in international law rules and profound alterations in the way that those rules are made. Most traditional accounts ...
... question turned on whether the slave trade violated international law. For those who believed in natural law principles—that state conduct was subordinated to moral values—the answer was easy: slavery was an abomination. Indeed, a ...
... question for international law and the international legal system is whether unlawful conduct is flagrant by the wrongdoer and tolerated by everyone else. If it were, that might raise the specter that the law is but a fiction to be ...
... questions—as I have done in this chapter—is not an empty, theoretical exercise. It is central to a vision of international law that has relevance and purpose in today's complex world. 2 Sources Most international lawyers have accepted ...
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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 |