Custom - Elements of customary law - Generality of practice

4 important questions on Custom - Elements of customary law - Generality of practice


What did the Anglo-Norwegian Fisheries Case say concerning generality of practice?

That is need only be 'generally adopted in the practice if states'.

What did the North Sea Continental Shelf Cases illustrate concerning generality of practice?

That not all state need participate before a general practice can become law.

What come forward out of the  North Sea Continental Shelf Cases concerning objection?

Initial and sustained objection will prevent a state being bound by a customary rule.
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What was recognised by the Court concerning Art. 38 of the Statute of the ICJ?

That it encompassed local custom as well as general custom, in much the same way as it encompasses bilateral and multilateral treaties.

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