Practice question
A treaty contains a rule, but a lawyer provides no evidence that it codifies, crystallizes or generates a general practice accepted as law. The lawyer argues that inclusion in one treaty automatically proves a customary rule binding all nonparties. Which answer is correct?
- Every treaty clause automatically becomes universal custom
- Nonparties can never be subject to any custom
- The automatic inference is invalid; customary status requires its own supporting practice and legal-acceptance inquiry
- A treaty can never reflect preexisting custom
- The treaty's title eliminates the need for evidence
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
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