Practice question
A corporation follows a widespread private industry standard. No relevant State or international-organization practice or acceptance as law is established. Counsel calls the corporation’s conduct alone the requisite State practice. Which is best?
- Other actors’ conduct may be relevant evidence but is not itself the qualifying practice under Conclusion 4(3)
- Every corporation is automatically a State for custom
- Private popularity conclusively creates international law
- The standard binds all States merely because profitable
- No State conduct is ever required
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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