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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... sovereignty in the writings of such political theorists as Jean Bodin (writing in his 1576 volume Six Livres de la Republique), Thomas Hobbes, and (later) John Locke and Jean-Jacques Rousseau. Sovereignty became the linchpin of the ...
... sovereignty and as an antidote to national conflict. Before one gets too discouraged by this doubtful pedigree of international law rules, it would be useful to chart other influences on norms of international conduct. One such ...
... sovereignty and the necessity of ascertaining state consent for new rules of international conduct, the issue was more difficult. In a series of cases decided by English and U.S. courts, the positivist view ultimately prevailed: slavery ...
... sovereignty and maintaining international peace and security) side by side with the principle of protecting and extending the dignity of individual human beings. Thus, this vision is not exclusively one of state power and a positive ...
... sovereignty, but is in general a principle of justice. To assert that it is unjust to punish those who in defiance of treaties and assurances have attacked neighbouring states without warning is obviously untrue, for in such ...
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 |