Practice question
A memorandum calls a judge’s novel proposal intrinsic to international law solely because the judge says so. It identifies no community-of-nations recognition. Which deficiency matters under the ILC approach to internationally formed principles?
- Judicial confidence alone satisfies every requirement
- The required recognition as intrinsic to the system has not been established
- Any proposal automatically becomes a recognized principle
- International recognition is expressly prohibited
- Only the length of the memorandum matters
Legal references
- ILC A/CN.4/L.1018, May 20, 2025, Drafting Committee second-reading text, Conclusions 5, 6, 7 and 10; adopted by the Commission April 27, 2026: https://documents.un.org/doc/undoc/ltd/g25/079/72/pdf/g2507972.pdf
- ILC Daily Bulletin, April 27, 2026, 3729th meeting, expressly recording adoption of Conclusions 1-12 from A/CN.4/L.1018: https://legal.un.org/ilc/sessions/77/bulletin.shtml
- ICJ Statute Article 38(1)(c): https://legal.un.org/avl/pdf/ha/sicj/icj_statute_e.pdf
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