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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... reasons why international actors obey international legal rules, lawyers draw important conclusions as to the sources, processes, and doctrines of international law. Theory thus has a place of prominence in international legal analysis ...
... reason, justice, utility, the general interests of the international community, necessity, and religious dictates.”13 Nevertheless, naturalism in international law has suffered from an association of the law of nature with platitudes ...
... reasons why other types of actors obey international law rules. Quite apart from that, this conjecture lumps different kinds of states, with potentially divergent political, social, and legal cultures, into one monolithic category. It ...
... reason of state” as a justification for princes breaking their promises was Grotius's primary foil in De Jure Belli ac Pacis. Grotius's recourse to the natural law principle of good faith was one antidote to this unbridled view of state ...
... reasons, some utilitarian and rational, others sociological and political. Law compliance, according to these publicists, was an objective fact subject to empirical testing through observation of the behavior of states and other ...
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 |