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International Law Frameworks
Professor David J. Bederman's new text offers a concise and analytic guide to the intricacies of international law, as understood and appreciated by a leading authority. Incisive and irreverent, International Law Frameworks provides a broad overview of all important aspects of the subject, as well as in-depth consideration of the key cases, crucial treaties and essential documents. In addition to considering traditional topics (including sources of international law, the role of States, and the management of international conflict), the book focuses particularly on newly-emerging issue areas (such as human rights, the international environment and economy), as well as the application of international law rules in the U.S. Well-written and accessible to all readers, this volume should be indispensable to students, practitioners and researchers. Book jacket.
International Law in Antiquity
This study of the origins of international law contains up-to-date literature and archaeological evidence. David J. Bederman examines three critical areas in which law influenced ancient state relations - diplomacy, treaty-making and warfare - in the Near East (2800-700 BCE), the Greek city-states (500-338 BCE), and Rome (358-168 BCE).
International Law in Antiquity
This study of the origins of international law combines techniques of intellectual history and historiography to investigate the earliest developments of the law of nations. The book examines the sources, processes and doctrines of international legal obligation in antiquity to re-evaluate the critical attributes of international law. David J. Bederman focuses on three essential areas in which law influenced ancient state relations - diplomacy, treaty-making and warfare - in a detailed analysis of international relations in the Near East (2800–700 BCE), the Greek city-states (500–338 BCE) and Rome (358–168 BCE). Containing topical literature and archaeological evidence, this 2001 study does not merely catalogue instances of recognition by ancient states of these seminal features of international law: it accounts for recurrent patterns of thinking and practice. This comprehensive analysis of international law and state relations in ancient times provides a fascinating study for lawyers and academics, ancient historians and classicists alike.
Custom as a Source of Law
A central puzzle in jurisprudence has been the role of custom in law. Custom is simply the practices and usages of distinctive communities. But are such customs legally binding? Can custom be law, even before it is recognized by authoritative legislation or precedent? And, assuming that custom is a source of law, what are its constituent elements? Is proof of a consistent and long-standing practice sufficient, or must there be an extra ingredient - that the usage is pursued out of a sense of legal obligation, or, at least, that the custom is reasonable and efficacious? And, most tantalizing of all, is custom a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today? This volume answers these questions through a rigorous multidisciplinary, historical, and comparative approach, offering a fresh perspective on custom's enduring place in both domestic and international law.
The Spirit of International Law
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 it...
Globalization and International Law
This volume develops a set of provocative themes: globalization is not new; it is neither legally inevitable nor irreversible; and international legal systems and institutions can assert only a special and limited influence on globalizing developments.
International Law Frameworks
Softbound - New, softbound print book.
Classical Canons
Classical Canons examines an enduring question in law and jurisprudence: where do the special rules used to interpret legal texts come from and why do they remain significant today? Known as 'canons' of interpretation, these rules for construing legal texts (like statutes, contracts or constitutions) are at the centre of one of the most contentious debates in the legal academy and courts. At stake is nothing less than the integrity of the law and the legal system.
Globalization and International Law
This volume develops a set of provocative themes: globalization is not new; it is neither legally inevitable nor irreversible; and international legal systems and institutions can assert only a special and limited influence on globalizing developments.
Time, History and International Law
This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or understand the past, and it is with a view to exploring the dynamics of that engagement that this book has...
