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Practice question: United Nations Declarations

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Practice question

A State votes for a declaration but explains that its support concerns a desired future standard, not a present legal obligation. How should that explanation affect a customary-law analysis?

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
  • UN Charter, Article 10: https://legal.un.org/repertory/art10.shtml
  • 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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