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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... theory and practice depends on some coherent explanation of why international actors should obey a body of law that may be at variance with their interests. The nature of international obligation has thus become a proverbial Rorschach ...
... theory as to why states and other international actors did, or should, obey international law. The ius naturae was ultimately derived from a combination of divine and reasoned sources.11 Religion, morality, and ideology have always ...
... theories of obligation and law observance in domestic legal systems, were not able to replicate the feat for the law of ... theory cannot really account for reasons why other types of actors obey international law rules. Quite apart from ...
... theories of international obligation seem to be internally conflicted as to whether states (and other transnational actors) are ... theory, while states are supreme within their own spheres and can only be limited by the laws they issue ...
... theory, the rules of international law become positive law when the will of the state consents to being bound by them either expressly or by implication. The doctrine of consent generally teaches that the common consent of states ...
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 |