Practice question
An analyst assessing custom finds a national judgment squarely addressing the asserted rule. What is the sound approach under ILC Conclusion 13?
- Treat it as binding on every country.
- Exclude it solely because it is domestic.
- Assume it replaces the need to identify any international rule.
- Treat its conclusion as an international treaty.
- Consider it appropriately as a subsidiary means, evaluating its relevance and reasoning.
Legal references
- ICJ Statute, Articles 38(1)(d) and 59: https://www.un.org/en/about-us/un-charter/statute-of-the-international-court-of-justice
- ILC, Conclusions on Identification of Customary International Law (2018), Conclusions 2 and 12–14: https://legal.un.org/ilc/texts/instruments/english/draft_articles/1_13_2018.pdf
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