Practice question
Counsel cites one procedural rule from one national legal system and asserts that it automatically binds States as a general principle of international law. No wider recognition or transposition analysis is offered. Under the ILC framework for nationally derived principles, what is missing?
- The required inquiry into a common principle across representative legal systems and compatibility for international transposition
- Only a more expensive printing of the same statute
- A rule that every national law is automatically international law
- A majority vote of the client's staff
- Proof that the rule benefits the claimant financially
Legal references
- Statute of the International Court of Justice, Article 38(1)(c), (1)(d) and (2): https://legal.un.org/avl/pdf/ha/sicj/icj_statute_e.pdf
- International Law Commission, Conclusions on general principles of law (text adopted on second reading April 27, 2026), Conclusions 2–11: https://legal.un.org/ilc/texts/instruments/english/draft_articles/1_15_2026.pdf
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