Multiple choice

Which of the following statements relating to ‘custom’ as a source of International Law is correct?

  1. A practice, in order to be recognized as ‘custom’, should be universal in practice.

  2. A customary practice is not customary law unless opinio juris is present.

  3. A custom is required to be ancient and immemorial.

  4. <font size="2">A </font>custom should be complete in uniformity.
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B Correct answer
Explanation

Article 38(1)(b) of the Statute of the International Court of Justice accepts "international custom" as a source of law, but only where this custom is 1) evidence of a general practice, (the objective component) (2) accepted as law. (the opinio juris or subjective component)

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