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Politics : Politics for Pros- moderated
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To: LindyBill who wrote (303648)5/4/2009 2:09:02 AM
From: D. Long  Read Replies (1) of 793903
 
Most of "international law" is customary, and it consists of law that we accept without blinking. The law of war, the law of diplomatic relations, the law of the sea, etc. are all customary law. These Western customs of state practice weren't "codified" by treaty until well into the 19th and 20th centuries. They are accepted because they are ancient.

Which is also the problem with "new" customary international law that gets everybody's panties in a bunch. It's new, and incredibly hard to establish as customary state practice. Damn near impossible, actually, and it is the most suspect when arguing before a judge. I don't doubt that Obama's picks are on the extreme on the topic of what is customary international law that is applicable to the U.S., however.
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