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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... tribunals), significant treaties, important diplomatic correspondence, serious international incidents, and weighty scholarly commentary. Again, my purpose in discussing these texts is not to knit together a doctrinal review of ...
... Tribunal for the Former Yugoslavia Institut de Droit International Annuaire International Law Commission International Legal Materials International Law Reports League of Nations Treaty Series North American Free Trade Agreement ...
... tribunals brushed this objection aside. Some judgments took a positivist approach by suggesting that a prohibition ... tribunal or procedure.”9 The Nuremberg and Tokyo trials—and the human rights revolution they spawned—may well have ...
... perhaps more importantly, in the application of international law rules by transnational actors, tribunals, and institutions. Natural law theories underwent a renaissance with renewal of interest in human dignity Authority and Obligation ...
... tribunals will first consult any written agreements between “contesting” nations in a litigation before examining other sources. As a wider assertion of how international law is formed, this seems wrong. Not all norms of international ...
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 |