Practice question
A new General Assembly declaration receives many favorable votes, but several States explain that they support a political aspiration rather than an existing legal duty. Counsel argues that the vote alone conclusively proves a customary obligation. Which analysis is sound?
- The title conclusively proves the obligation.
- All abstentions must be treated as treaty ratifications.
- Content, adoption circumstances, and evidence of opinio juris must be assessed; favorable votes alone do not conclusively establish custom.
- The declaration must be ignored for every legal purpose.
- Every explanation of vote is irrelevant.
Legal references
- ILC, Conclusions on Identification of Customary International Law (2018), Conclusions 2 and 12–14: https://legal.un.org/ilc/texts/instruments/english/draft_articles/1_13_2018.pdf
- ICJ, Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, July 8, 1996, paragraph 70: https://api.icj-cij.org/sites/default/files/case-related/95/095-19960708-ADV-01-00-EN.pdf
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