Practice question
An international organization adopts a resolution recommending a new policy. The record establishes no corresponding general State practice accepted as law. A claimant treats the resolution alone as automatic creation of customary international law. Which conclusion follows the ILC identification framework?
- The resolution may be relevant material but cannot by itself establish the missing customary rule
- Every recommendation is automatically universal custom
- Only the resolution's page count matters
- A resolution can never provide any evidence relevant to custom
- The missing practice can always be presumed from a press headline
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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