Practice question
A claimed rule has developed over a short period. The evidence nevertheless establishes sufficiently widespread, representative and consistent State practice and acceptance as law, with all other relevant conditions met. An opponent insists that custom is legally impossible until fifty years pass. Under the ILC framework, which assessment is sound?
- The invented fifty-year minimum is mandatory
- No recent practice can ever become customary
- Only a treaty can count as evidence
- No particular duration is required if the necessary general practice and legal acceptance are established
- The practice must be ignored because States expressed legal reasons
Legal references
- Statute of the International Court of Justice, Article 38(1)(b): https://legal.un.org/avl/pdf/ha/sicj/icj_statute_e.pdf
- International Law Commission, Conclusions on identification of customary international law (2018), Conclusions 2–12 and 15: https://legal.un.org/ilc/texts/instruments/english/draft_articles/1_13_2018.pdf
Answer this question in flashcards to review your response and continue practicing.