Sources - custom - extent of state practice

10 important questions on Sources - custom - extent of state practice

Before state practice can be acknowledged what has to be certain ?

Constant and uniform usage

According to the book inconsistency's must be assessed against which factors?

Subject matter, the identities of states  practising, the number of states involved and whether or not existing rules in conflict exist.

In state practice what is more important than number of states involved?

The attitude of those states who are affected
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What is meant  by the term doctrine of specially affected states?

In every area of activity certain states carry more weight than others their opinion is more important and these decisions require a favourable response

Can a state choose not to be bound by  a rule of customary international law?

If a state opposes a rule of customary law  and expresses from the introduction of the rule they will not be bound

If dissent is expressed only after a rule has become established what happens?

It is too late to prefent a state from being bound

With early oppposition by a state to a rule later abandoned what happens?

It loses its effectiveness and the state will be bound

What happens if a new state enters the international legal community after a practice has been accepted into international customary law?

The new state is bound by that law no matter if they disagree with the rule

What happens if a new rule develops in an area where there is an existing rule?

The new rules future will depend on the number indulging in the behaviour to the established rule relative to the number protesting against the new rule

What happens if the members of the international  community are evenly divided in their support for the established and new law?

A period of ambiguity will follow where the two rules might live side to side.

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