Practice question
Explain the two-element method for identifying international custom. Why is a widely repeated practice not sufficient if it is followed only as courtesy?
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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