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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... role of international law in domestic legal systems2 but nowhere returned to this elliptical comment made in the opening pages of his book. This volume answers Montesquieu's rhetorical challenge and distills the essence of international ...
... role not only in international politics but also in the affairs of a striking array of individuals, enterprises, and institutions. Why, then—if international law is so historically legitimate and ethically relevant, so doctrinally ...
... role for just-war theory, prevention of nuclear conflict, and social-justice principles) were also significant in the postwar era. With the acceleration of developments in international law after 1945—the creation of more states, the ...
... role for law, lawyers, and legal institutions in various aspects of international life.41 Drawing from Louis Henkin's famous observation that “almost all states observe almost all principles of international law and almost all of their ...
... role in international affairs, and certain of the bases of authority and obligation for its rules. Considering these questions—as I have done in this chapter—is not an empty, theoretical exercise. It is central to a vision of ...
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 |