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Sources of International Law: Custom - Lecture 3

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Sources of International Law: Custom - Lecture 3

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Questions and Answers

What are the two fundamental elements of custom in international law?

Actual practice and acceptance (correct)

Actual practice and repetition

Material fact and generality

Duration and consistency

Which elements are relevant in determining whether a practice may form the basis of a binding international custom?

Duration, consistency, and repetition (correct)

Material fact, acceptance, and legality

Generality, aggression, and diplomacy

Delegation, negotiation, and intervention

What does customary law refer to in international law?

Legal norms developed through aggression

Laws developed through diplomatic exchanges

Legal obligations arising between states (correct)

Legal norms developed through traditional customs

What can cause customs to change in international law?

Acceptance or rejection by states Signup and view all the answers

What are some principles of customary law that have achieved the force of imperative norms considered to be?

Norms that cannot be violated or altered Signup and view all the answers

What is considered to be the source of international law referred to as 'international custom' according to the ICJ’s statute?

A general practice accepted as law Signup and view all the answers

What distinguishes customary international law from treaty law?

Customary law is based on universal acceptance, while treaty law consists of explicit agreements between nations. Signup and view all the answers

What must be shown to establish the structure of a customary law?

One behavioral element and one psychological element Signup and view all the answers

Which legal system is based on the economic, political, and social policies of the state?

Commercial legal system in Marxist-socialist economies Signup and view all the answers

What practice do international tribunals regard local law as being?

Mere fact Signup and view all the answers

How is customary international law received in most countries?

In accordance with the doctrine of incorporation Signup and view all the answers

What principle governs reception rules for treaties?

Constitutional structure of the ratifying state and nature of the treaty Signup and view all the answers

What must a court determine in order to treat a particular rule of international law as applicable in a case?

Whether the rule has been received into local jurisprudence Signup and view all the answers

What are the bases for the majority of the legal systems in the world?

Common law, civil or code law, Islamic law, and commercial legal system Signup and view all the answers