Summary International law Questions and Answer {A+}

Positivist - -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 - -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