Custom - Elements of customary law - Consistency of practice
3 important questions on Custom - Elements of customary law - Consistency of practice
What did the Permanent Court say in the Lotus Case concerning consistency of practice?
That is must be 'constant and uniform'.
What became clear concerning consistency of practice from the Anglo-Norwegian Fisheries Case?
That the degree of consistency required may vary according to the subject matter of the rule in dispute.
What became clear concerning consistency of practice from the Nicaragua Case?
That the mere existence of some state practice which appears to be contrary to an existing or emerging rule of customary law should not be taken without more to be destructive of that rule.
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