Practice question
A claim treats silence as opinio juris even though the State did not know of the practice and had no reasonable position to react. Which Conclusion 10 qualification matters?
- All silence conclusively creates acceptance
- Ignorance always proves a legal duty
- A single private person’s silence binds every State
- Reaction is never relevant
- Silence over time can serve as evidence only where the State was in a position to react and circumstances called for reaction
Legal references
- ILC Conclusions on Identification of Customary International Law, 2018: https://legal.un.org/ilc/texts/instruments/english/draft_articles/1_13_2018.pdf; Conclusions 4-7 and 10.
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