Practice question
An advocacy brief quotes an eminent scholar’s old book, but the quoted page merely repeats another writer and provides no supporting practice. A less famous author’s recent study carefully verifies the cited official materials and identifies a relevant error in the older account. The team proposes following reputation alone. Which method best fits the commentary?
- The eminent author must prevail regardless of error.
- The newer work must prevail solely because of its date.
- Evaluate the particular works’ quality and methods, including the verified error; reputation alone is not decisive.
- Count the copies sold and ignore the sources.
- Treat both works as treaties between all readers.
Legal references
- International Law Commission, 2018 Conclusions on Identification of Customary International Law, Conclusion 14 and commentary paragraphs 1-4: https://legal.un.org/ilc/texts/instruments/english/commentaries/1_13_2018.pdf
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