Philippine Bar review · Question

Practice question: International Custom

Multiple Choice Hard

Practice question

A State was aware of a publicly asserted practice, able to respond, and the circumstances called for reaction, yet failed to react over a substantial period. An opponent says inaction can never have any evidentiary relevance to opinio juris. Which is correct?
  1. Inaction is legally irrelevant in every situation
  2. Conclusion 10 permits considering that qualified failure to react, without making every silence conclusive
  3. Every silence conclusively creates all proposed obligations
  4. Only physical acts can supply any evidence
  5. Private actors decide whether the State existed

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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