[IntLawProfessors] FW: Okla state question 755 update

[Henderson, Ian S WGCMD AUS]

Not to detract or disagree with the underlying sentiment, but a small point: for a practice to be customary international law, there need not be 'universal agreement'.

 

Ian Henderson

 

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 10:05 AM
To: Carl Bruch
Cc: intlawprofessors at mailman.anu.edu.au
Subject: Re: [IntLawProfessors] FW: Okla state question 755 update

 

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

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-- 
Fernando R. Tesón
Tobias Simon Eminent Scholar and Professor of Law
Florida State University College of Law
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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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