[IntLawProfessors] FW: Okla state question 755 update

[prabhakarsingh.adv at gmail.com]

Then we have to discuss who has the ability to make "fake customs". This is a wonderful phrase  to put the issue of the "politics of international law" rather bluntly. Areas that are newer, say space science or advanced marine science, a state on the strength of higher R n D, can create an "instant custom". Prof. Teson, would you club "instant custom" in the same basket as "fake custom"? I was wondering as a novice of the field, the role of US international law journals in creating these. The ICJ seldom use these articles. But may be as Marco Bronckers puts it "muted dialogue" helps them do this- in this case a court like the ECJ borrows a solution from any other court and without citing that source. A little theft helps a court like ECJ to bypass the issue of dualism-monism and yet borrow the solutions ( mostly the WTO decisions)
Best,
Prabhakar Singh
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-----Original Message-----
From: "Henderson, Ian S WGCMD AUS" <henderis.aus at centcom.mil>
Sender: intlawprofessors-bounces at mailman.anu.edu.au
Date: Tue, 9 Nov 2010 10:09:02 
To: <intlawprofessors at mailman.anu.edu.au>
Subject: Re: [IntLawProfessors] FW: Okla state question 755 update

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