Practice question
A lawyer claims a widely supported international-organization recommendation necessarily proves a binding customary rule, although the record contains no showing of general practice followed from legal obligation. The lawyer relies only on the institutional vote. Which is best?
- A vote always establishes every customary element
- Custom never involves State conduct
- The vote alone does not establish the missing practice and opinio juris; legal force requires analysis
- Every recommendation is legally meaningless
- The lawyer may select the rule privately
Legal references
- Pharmaceutical and Health Care Association v. Duque, GR 173034, October 9, 2007, main opinion: https://lawphil.net/judjuris/juri2007/oct2007/gr_173034_2007.html
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