[IntLawProfessors] FW: Okla state question 755 update

[Fernando Teson]

Point taken, but I used the term on purpose, for reasons that I can't
explain now (got to teach) but I will present Friday at the ASIL meeting of
the International Legal Theory Group (forgive the shameless advertising)

On Tue, Nov 9, 2010 at 10:09 AM, Henderson, Ian S WGCMD AUS <
henderis.aus at centcom.mil> wrote:

>  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
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> 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
> 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
>
> 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
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