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Philippine Bar review · Question

Practice question: International Custom

Multiple Choice Medium

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?
  1. Every treaty clause automatically becomes universal custom
  2. Nonparties can never be subject to any custom
  3. The automatic inference is invalid; customary status requires its own supporting practice and legal-acceptance inquiry
  4. A treaty can never reflect preexisting custom
  5. 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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