国际公法
Landmark Cases in Public International Law 豆瓣
作者: Eirik Bjorge / Cameron Miles 出版社: Hart Publishing 2017
The past two hundred years have seen the transformation of public international law from a rule-based extrusion of diplomacy into a fully-fledged legal system. Landmark Cases in Public International Law examines decisions that have contributed to the development of international law into an integrated whole, whilst also creating specialised sub-systems that stand alone as units of analysis. The significance of these decisions is not taken for granted, with contributors critically interrogating the cases to determine if their reputation as 'landmarks' is deserved. Emphasis is also placed on seeing each case as a diplomatic artefact, highlighting that international law, while unquestionably a legal system, remains reliant on the practice and consent of states as the prime movers of development.
The cases selected cover a broad range of subject areas including state immunity, human rights, the environment, trade and investment, international organisations, international courts and tribunals, the laws of war, international crimes, and the interface between international and municipal legal systems. A wide array of international and domestic courts are also considered, from the International Court of Justice to the European Court of Human Rights, World Trade Organization Appellate Body, US Supreme Court and other adjudicative bodies. The result is a three-dimensional picture of international law: what it was, what it is, and what it might yet become.
人和公民的义务 豆瓣
On the Duty of Man and Citizen according to Natural Law
作者: 普芬道夫 译者: Michael Silverthorne 出版社: 中国政法大学出版社 2003 - 7
On the Duty of Man and Citizen (1673) is Pufendorf's succinct and condensed presentation of the natural law political theory he developed in his monumental classic On the Law of Nature and Nations (1672). His theory was the most influential natural law philosophy of the seventeenth- and eighteenth-centuries. He advanced a compelling reply to Grotius and Hobbes, and in doing so, set the intellectual problems for theorists such as Locke, Hutcheson, Hume, Rousseau, and Smith. In the aftermath of the Thirty Years' War, Pufendorf sets forth a classic justification of the early modern enlightened state and of the proper relations of moral and political subjection to it. This lucid and historically sensitive translation by Michael Silverthorne, (a classicist and a specialist in Roman Law and early modern political thought) is the first since the early twentieth century. James Tully's introduction sets the text in its seventeenth-century context, summarises the main arguments, surveys recent literature on Pufendorf, and shows how Pufendorf transformed natural law theory into an independent discipline of juristic political philosophy which dominated reflection on politics until Kant.