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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... 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 Rectitude and Ambition 204 Skepticism and Exuberance 221 Notes 227 Index ...
... international lawmaking in the successive chapters. Chapter 4 canvasses the roster of legal actors in the international system as well as the permissible scope of international legal regulation (what I call the subjects and objects of ...
... international law has been present, in some form, at all times in which an authentic system of self-aware polities has existed in human history.1 A hundred years ago, a writer considering this subject would have called it the “law of ...
... international law lacks a supreme legislator, a coercive sovereign, and an authoritative law interpreter, it can only be regarded as “positive international ... subjects of international law rights and duties, in chapter 4), and the ...
... international law rules, it would be useful to chart other influences on norms of international conduct. One such consideration is that the notion of sovereignty—and its handmaiden of positivism (that states are subject to no moral ...
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 |