International Law Notes-Questions And Answers Graded A+
International Law Notes-Questions And Answers Graded A+ Positivist - ANSWER-law as it exists should be analyzed empirically, shorn of all ethical elements. Moral aspirations were good but had no part in legal science Realism - ANSWER-treats law as an institution functioning within a particular community with a series of jobs to do How law is actuall operating in society Behaviouralist - ANSWER-: introduced elements of psychology, anthropology etc. into international relations. Framed analysis in terms of realistic conceptions of the world political order Authority - ANSWER-as the structure of expectation concerning the identity and competence of the decision-maker Control - ANSWER-the actual effectiveness of a decision, whether or not authorized Legitimacy - ANSWER-: defined as aproperty of a rule or rule-making institution which itself exerts a pull towards compliance on those addressed normatively because those addressed believe that the rule or institution has come into being and operates in accordance with generally accepted principles of right process Legitimacy depends upon four specific properties - ANSWER-determinacy (readily ascertainable normative content), coherence (consistency), and adherence(falling within an organized hierarchy of rules) lex specialis and lex generalis - ANSWER-he doctrine states that where two laws govern the same factual situation, a law governing a specific subject matter (lex specialis) overrides a law which only governs general matters (lex generalis) widely recognized as the most authoritative and complete statement as to the sources of international law - ANSWER-Statute of the International Court of Justice Sources of International Law - ANSWER-International Conventions, Customary law, General Principles of Law, judicial decisions and the teachings of the most highly qualified publicist of the various nations, General Assembly decisions Material sources - ANSWER-confer upon the rules an obligatory character essence of the regulation Formal Sources - ANSWER-actual content of the rules
Document information
- Uploaded on
- March 20, 2024
- Number of pages
- 12
- Written in
- 2023/2024
- Type
- Exam (elaborations)
- Contains
- Questions & answers
