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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... state power and 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 ...
... state practice. For positivists, who embraced state 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. ...
... state values (including 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 ...
... 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 ...
... state does not submit voluntarily to international law, which is binding upon it whether it does recognize international law or does not recognize it.”25 Other scholars have noted that it really was not possible to speak of a ...
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 |