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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... rights and duties, in chapter 4), and the legitimate topics of international legal regulation (the permissible confines of those rules, in chapter 7). So, 2 Chapter 1.
... rights and duties of nations, and the nature of moral obligation, may theoretically be said to exist in the law of ... right and wrong, and that every nation is at liberty to apply to another the correct principle, whenever both nations ...
... freedom, postmodernism, postcolonialism and globalism— also have come to exercise important influences on the ... rights and duties presuppose the existence of a legal system established by direct human volition and lawmaking.15 ...
... rights. The fundamentalrights-of-states doctrine thus locates a naturalist basis of obligation for international law ... duties of states. These are the jus cogens obligations (such as prohibition of genocide) that nations are not free to ...
... obligations, particularly in a human rights context, can be attacked as vague and incoherent. Natural law theories of ... rights and duties already specified, without the necessity of adoption or ratification.24 “Just as the individual ...
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 |