Positivist - -law as it exists should be analyzed empirically, shorn of all ethical elements. Moral aspirations were good but had no part in legal
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-Realism - -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 - -: introduced elements of psychology, anthropology etc. into international relations. Framed analysis in terms of realistic conceptions of the world political order
-Authority - -as the structure of expectation concerning the identity and competence of the decision-maker
-Control - -the actual effectiveness of a decision, whether or not authorized
-Legitimacy - -: 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 - -determinacy (readily ascertainable normative content), coherence (consistency), and adherence(falling within an organized hierarchy of rules)
-lex specialis and lex generalis - -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 - -Statute of the International Court of Justice
-Sources of International Law - -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 - -confer upon the rules an obligatory character
essence of the regulation
-Formal Sources - -actual content of the rules
-Two basic elements in customary law - -material facts (actual behavior of states) and the psychological or subjective belief that such behavior is law
-Material Fact of customary law depends on four things - -Duration, consistency, repetition and generality
Can be determined by administrative acts, legislation, decisions of courts, treaties
Can also look at resolutions in the General Assembly, comments made by governments on drafts produced by the International Law Commission
-Opinio Juris - -is the belief that an action was carried out because it was a legal obligation.
-Customary rules are binding upon all states except for such states as have dissented FROM THE START of that custom - -
-pacta sunt servada - -Customary international law principle that agreements are binding
-General Principles of Law - -If no great info on a case, will deduce a rule by analgy from already existing rules or from the general principles that guide the legal system [Show Less]