Practice question
What role does Article 38(1)(d) assign to teachings of the most highly qualified publicists?
- Automatically binding legislation.
- Subsidiary means for determining rules of law.
- Treaties between the authors' home States.
- Conclusive proof of jurisdiction.
- Private amendments to the UN Charter.
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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