Sources - custom - evidence of state practice

9 important questions on Sources - custom - evidence of state practice

What constitutes  evidence of state practice according to the book?

Treaties, diplomatic correspondance, statements by national legal advisers  in domestic and international fora

What should be done with statements of high ranking official political figures according to the court?

Such statements should be treated with caution

If rules are transformed into law which distinguishing needs to be made?

Rules that are obligatory and those that are discretionary
  • Higher grades + faster learning
  • Never study anything twice
  • 100% sure, 100% understanding
Discover Study Smart

What is the definition of Opinio Juris?

A legal formula introduced to distinguish legal rules from mere social usage.

What is the problem with opinio Juris?

Problem of proof, how do you determine when the transformation into law has taken place

How can a states conviction be proved to exist ?

State acceptance, recognition as to the binding character of the rule

What happens if there is insufficient evidence of Opinio Juris?

The formation of customary international law is denied.

What is the concept of Instant custom?

Behaviour that is spontaneous activity practiced by a great number of states responding to particular circumstances.

Why has custom as a source of international law diminished ?

  • Increase the number of states participating on the international plane
  • the growth in scope of the subject matter
  • increased frequency and speed of the interactions between international actors

The question on the page originate from the summary of the following study material:

  • A unique study and practice tool
  • Never study anything twice again
  • Get the grades you hope for
  • 100% sure, 100% understanding
Remember faster, study better. Scientifically proven.
Trustpilot Logo