Sources of international law - Custom as a source of international law - The objective element (state practice)

4 important questions on Sources of international law - Custom as a source of international law - The objective element (state practice)

What can be seen as acts of a state?

Both physical acts (conduct of military operations) and public verbal acts (diplomatic statements)

When is something state practice?

A consistent repetiton of a particular behaviour, for a considerable period of time

Which three elements can determine whether there is state practice?

Consistency (practice needs to be reasonably uniform), Duration (practice generally evolves slowly and gradually over time, often through years of repeated behavior) and Generality (how widespread participated the practice must be)
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When can a state persistently object to customary rules?

With an emerging customary rule.
Only in relation to new and emerging customary rules; Once a rule has come into existence, it cannot be objected to. New states are also bound by existing customary law.

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