Practice question
A State’s ministries consistently proclaim one position while its operational conduct varies materially. An analyst selects only favorable speeches and ignores the rest. What does Conclusion 7 require?
- Selection of whichever single statement helps the claim
- Automatic exclusion of operational conduct
- A rule that contradictions never affect weight
- Assessment of all available practice as a whole, with variation affecting weight as appropriate
- Private polls replacing official conduct
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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