Practice question
An advocate rejects a relevant, rigorous scholarly analysis solely because its author is not from either litigating State. What is the best response?
- Article 38 refers to highly qualified publicists of various nations, not only the litigants' nationals.
- Only litigants' nationals may write relevant teachings.
- The analysis becomes binding because its author is foreign.
- Nationality alone proves the asserted rule.
- The work must be treated as a judicial judgment.
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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