Practice question
A respected treatise explains an asserted customary rule, but counsel offers the author's reputation as the sole reason to disregard contrary practice and absence of opinio juris. Is this sound?
- Yes, because reputation replaces the elements of custom.
- Yes, because any printed text creates law.
- Yes, because scholarship is always a treaty.
- Yes, if the publisher is internationally known.
- No; teachings assist determination, while the elements of custom must still be established.
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
Answer this question in flashcards to review your response and continue practicing.