[IntLawProfessors] FW: Okla state question 755 update

[Fernando Teson]

Precisely my point.

On Tue, Nov 9, 2010 at 10:01 AM, Carl Bruch <bruch at eli.org> wrote:

>  Out of curiosity, what examples of customary international environmental
> law would you say are "properly supported by state practice and universal
> agreement"?  This is an issue that I have been following for a while, and I
> have found very few examples of state-by-state analysis to show state
> practice.  It would be great to know where this has been done.
>
> ****************************************
> Carl Bruch
> Senior Attorney
> Co-Director, International Programs
> Environmental Law Institute
> 2000 L Street NW, Suite 620
> Washington, DC  20036
> Tel: (202) 939-3879
> Fax:  (202) 939-3868
> ****************************************
>
>
>
>  ------------------------------
> *From:* intlawprofessors-bounces at mailman.anu.edu.au [mailto:
> intlawprofessors-bounces at mailman.anu.edu.au] *On Behalf Of *Fernando Teson
> *Sent:* Tuesday, November 09, 2010 9:46 AM
> *To:* Mary Durfee
>
> *Cc:* intlawprofessors at mailman.anu.edu.au
> *Subject:* Re: [IntLawProfessors] FW: Okla state question 755 update
>
> Sure, there is a lot of customary law that is legitimate, properly
> supported by state practice and universal agreement. But unfortunately
> there's a lot of "fake custom" generated by academics and norm entrepreneurs
> who exploit the relative indeterminacy of the concept of custom in order to
> present their own desiderata as if they were genuine, binding norms.
>
> On Tue, Nov 9, 2010 at 9:30 AM, Mary Durfee <mhdurfee at mtu.edu> wrote:
>
>> Perhaps scholarship and some opinions have gone in that direction, but not
>> the actual operations in US State and in other departments.  For example,
>> there's a new semi-journalistic account, the Least Worst Place on the
>> efforts in State and in the US Marine Corps to make Guantanamo legal under
>> the Geneva Conventions.  There were actively overruled, but there was little
>> doubt in their minds on what the rules were.
>>
>> There is a brand of IR scholarship that I find really interesting, the way
>> different courts, municipal and otherwise, use human rights law to give more
>> effect to it.  Kathryn Sikkink at Minnesota has done work in this area and
>> there seems to be a lot of work going on among Ph.D. students at Virginia.
>>
>> Mary Durfee, Ph.D.
>> Associate Professor of Government
>> Social Sciences Dept.
>> Michigan Technological University
>> Houghton, MI 49931
>> Work: 906-487-2112
>> Cell: 906-369-2112
>>
>>
>> ----- Original Message -----
>> From: "prabhakarsingh adv" <prabhakarsingh.adv at gmail.com>
>> To: "William Slomanson" <bills at tjsl.edu>,
>> intlawprofessors-bounces at mailman.anu.edu.au, "Fernando Teson" <
>> fteson at law.fsu.edu>
>> Cc: intlawprofessors at mailman.anu.edu.au
>> Sent: Monday, November 8, 2010 7:35:07 PM GMT -05:00 US/Canada Eastern
>> Subject: Re: [IntLawProfessors] FW: Okla state question 755 update
>>
>> Dear Profs.
>> This is very educative for an Indian law teacher. I have been thinking how
>> the "third world sees constitutionalism in international law?" With
>> Posnerian view, American scholarship has moved further away to the idea that
>> international relations is the determining factor and int'l is almost
>> obsolete.
>> Best,
>> Prabhakar
>> Sent on my BlackBerry® from Vodafone
>>
>> -----Original Message-----
>> From: William Slomanson <bills at tjsl.edu>
>> Sender: intlawprofessors-bounces at mailman.anu.edu.au
>> Date: Tue, 9 Nov 2010 00:17:54
>> To: Fernando Teson<fteson at law.fsu.edu>
>> Cc: intlawprofessors at mailman.anu.edu.au<
>> intlawprofessors at mailman.anu.edu.au>
>> Subject: Re: [IntLawProfessors] FW: Okla state question 755 update
>>
>>  Intlawprofessors is moderated by Don Anton and hosted by the Australian
>> National University College of Law
>>
>> Intlawprofessors is moderated by Don Anton and hosted by the Australian
>> National University College of Law
>>
>> Intlawprofessors is moderated by Don Anton and hosted by the Australian
>> National University College of Law
>>
>
>
>
> --
> Fernando R. Tesón
> Tobias Simon Eminent Scholar and Professor of Law
> Florida State University College of Law
> 425 West Jefferson
> Tallahassee, FL 32306-1601
> 850-644-4287
> fteson at law.fsu.edu
>
>


-- 
Fernando R. Tesón
Tobias Simon Eminent Scholar and Professor of Law
Florida State University College of Law
425 West Jefferson
Tallahassee, FL 32306-1601
850-644-4287
fteson at law.fsu.edu
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