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14 Cards in this Set
- Front
- Back
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What is International Natural Law?
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Universal principles of right and wrong that are fixed and unchanging.
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What is the "law of nations"?
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International law as explained mostly by christian values. The first way of dealing with international law. Example: grundnorm are treaties kept by two parties in good faith.
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What are "jus cogens" or preemptory norms?
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Norms from which a state cannot deviate regardless of any treaties.
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What is the theory of International positivism?
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A contrast to natural law. A state is bound to the norms created through dealing with other states because it positively consented to the norm though its prior behavior or in written treaties. Regards law almost as a hard science.
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What is the theory of International Legal Realism?
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It notes that positivism leaves out the biases and ambiguities that international law allows for. Laws are not just "out there," there may not be a black and white answer.
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Under the theory of Legal Realism, what is the International Legal Process theory?
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It understands that there are personal preferences that are followed by judges and policy makers when making decisions. So this theory lends itself to studying the allocation and execution of these powers. Also takes into account new actors in international law.
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Under the theory of Legal Realism, what is Policy Oriented Jurisprudence?
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Embraces the personal preferences of decision makers so long as they promote desirable social and economic outcomes. This power should be given by scrutiny of the international community.Harold Lasswell and Myres McDougal.It is important to establish the best criteria for decision making.
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What is the New Stream theory?
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Agrees that positivists are wrong in approaching law as a science--with rules waiting to be discovered. Seeks to understand ideologies, attitudes and the structure of international law to expose contradictions. A value free method.
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What is the Idealist theory in International Relations?
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International society has reached a point where warfare is no longer needed to. This theory hit its peak in the 1900s in the U.S. (league of nations).
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What is the Realist theory in International Relations?
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There is no harmony of state interests. There are always conflicting national objectives.
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Under the Realist theory in International Relations, what do the classical realists believe?
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Power and capabilities, not common interests, shape relations between states.
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Under the Realist theory in International Relations, what do the neo-realists believe?
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Obtaining a systematic and structural account of relations, not based of ethics or personal preferences.
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What is the Liberal International Relations theory in International Relations?
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Economic and social welfare become more important than state security. Therefore treaties and international organizations become more likely that conflict. They believe that realism also does not capture the other actors in international relations (NGOs, the individual, etc.)
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What is the Contructivism theory in International Relations?
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They do not have their own theory but instead critisize where other lack. States construct one another, and concepts like sovereignty, through interactions. One must understand human consciousness to understand international relations.
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