Practice question
A series of UN declarations addresses a proposed rule over several decades. State statements increasingly describe the rule as legally obligatory, and conduct is examined for sufficient generality and consistency. One analyst says repetition alone creates custom; another says the declarations can never matter because they are recommendations. What is the proper approach?
- Accept repetition as the sole necessary and sufficient element.
- Exclude all declarations regardless of accompanying evidence.
- Treat every declaration as a treaty amendment.
- Assess the series as possible evidence of developing opinio juris together with the relevant general practice.
- Assume a rule exists whenever its text is translated into all UN languages.
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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