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Custom's Method And Process: Lessons From Humanitarian Law, Monica Hakimi
Custom's Method And Process: Lessons From Humanitarian Law, Monica Hakimi
Book Chapters
A central question in the literature on customary international law (CIL) goes to method: what is the proper method for "finding" CIL - that is, for determining that particular norms qualify as ClL? The traditional method is to identify a widespread state practice, plus evidence that states believe that the practice reflects the law (opinio juris). That method has long been criticized as incoherent, unworkable, and out of touch with modern sensibilities. Thus, much of the CIL literature addresses its perceived problems. The principal goals of this literature are to help resolve whether norms that are claimed to be CIL …
How Cosmopolitan Are International Law Professors?, Ryan Scoville, Milan Markovic
How Cosmopolitan Are International Law Professors?, Ryan Scoville, Milan Markovic
Michigan Journal of International Law
This Article offers an empirical answer to a question of interest among scholars of comparative international law: why do American views about international law appear at times to differ from those of other countries? We contend that part of the answer lies in legal education. Conducting a survey of the educational and professional backgrounds of nearly 150 legal academics, we reveal evidence that professors of international law in the United States often lack significant foreign legal experience, particularly outside of the West. Sociological research suggests that this tendency leads professors to teach international law from predominantly nationalistic and Western perspectives, …