Practice question
States regularly send ceremonial gifts but consistently explain that they do so solely as courtesy and recognize no legal right or obligation concerning the gifts. No contrary evidence exists. What is missing from the asserted customary rule?
- Acceptance as law; repetition of courtesy alone does not establish opinio juris
- Any possible physical State conduct
- A rule that gifts must be expensive
- A requirement that private companies vote
- A rule that diplomatic conduct can never matter
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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