Customary International Law: Unwritten Rules Governing Nations

Question 1

Which of the following is a primary requirement for a custom to become part of Customary International Law?

Accepted Answer

Consistent and widespread state practice over an extended period, accompanied by 'opinio juris' (a sense of legal obligation).

Answer

Written documentation by governments alone

Answer

Agreement in international treaties alone

Answer

Declarations of non-governmental organizations

Question 2

Which international tribunal has played a significant role in developing and interpreting Customary International Law?

Accepted Answer

The International Court of Justice (ICJ)

Answer

The International Criminal Court (ICC)

Answer

The Court of Arbitration for Sport (CAS)

Question 3

An established state practice that is not accompanied by 'opinio juris' (a sense of legal obligation) cannot give rise to what?

Accepted Answer

Customary International Law

Answer

Jus cogens norms (compelling norms of international law)

Answer

International treaty law

Answer

General principles of law recognized by civilized nations

Question 4

Which of the following is a defining characteristic of Customary International Law?

Accepted Answer

Dynamic and evolving, adapting to changing circumstances and practices.

Answer

Derived solely from written treaties

Answer

Rigid and unchanging once established

Question 5

A state can demonstrate its acceptance of a customary norm through which of the following actions?

Accepted Answer

Adopting the practice consistently over time and acknowledging its legal character.

Answer

Seeking an advisory opinion from the International Court of Justice on the matter

Answer

Issuing a diplomatic protest against the practice

Answer

Refusing to comply with the practice

Question 6

The doctrine of acquiescence in Customary International Law involves:

Accepted Answer

Accepting a customary norm by failing to object to its practice over time, despite having the opportunity to do so.

Answer

Challenging a customary norm through diplomatic or legal means

Answer

Automatically incorporating a customary norm into domestic law without any further action

Question 7

What is the legal effect of persistent objections by a state to a customary norm?

Accepted Answer

The objecting state is not bound by the norm, provided the objection is consistent and maintained over time.

Answer

Persistent objections can only be made during the initial formation of the norm

Answer

The objections have no impact on the validity of the norm for other states

Answer

The objecting state must comply with the norm regardless of its objection

Question 8

Which of the following is NOT a recognized source of Customary International Law?

Accepted Answer

Legal writings of scholars, unless widely accepted as authoritative

Answer

International treaties that have gained widespread participation and practice

Answer

Consistent state practice accompanied by 'opinio juris'

Answer

General principles of law recognized by civilized nations

Question 9

Through what mechanism can Customary International Law be modified or terminated?

Accepted Answer

Consistent state practice and 'opinio juris' contrary to the existing norm, over an extended period of time

Answer

Formal denunciation by a single state

Answer

Passage of time alone

Answer

Written agreement of all states

Question 10

The essential element of Customary International Law that reflects the conviction of states that a practice is legally binding is termed:

Accepted Answer

Opinio juris

Answer

State consent

Answer

Consistent practice

Answer

Widespread acceptance

Question 11

Which of the following is a defining attribute of Customary International Law?

Accepted Answer

It is unwritten and evolves through state practice

Answer

It is created solely by international organizations

Answer

It is comprehensive and covers all areas of international law

Answer

It is static and unchanging

Question 12

What is a key significance of Customary International Law in the international legal system?

Accepted Answer

It provides a foundation for resolving disputes and addressing issues not covered by treaties

Answer

It is binding only on developed nations

Answer

It is the primary source of international law

Question 13

Which of the following factors does NOT contribute to the formation of Customary International Law?

Accepted Answer

Sporadic practice by a single state

Answer

Widespread acceptance and recognition

Answer

Consistency of state practice over time

Answer

Opinio juris

Question 14

How does Customary International Law interact with treaty law?

Accepted Answer

Customary International Law can prevail over treaty law in certain situations

Answer

Customary International Law is subordinate to treaty law in all cases

Answer

Treaty law always takes precedence over Customary International Law

Question 15

Which of the following is an example of a well-established rule of Customary International Law?

Accepted Answer

The prohibition of genocide

Answer

The United Nations Universal Declaration of Human Rights

Answer

The International Covenant on Civil and Political Rights

Answer

The Paris Agreement on Climate Change

Question 16

What is the function of the International Court of Justice in relation to Customary International Law?

Accepted Answer

To identify, interpret, and apply Customary International Law in its judgments

Answer

To create new rules of Customary International Law

Answer

To enforce Customary International Law through sanctions

Question 17

Which of the following challenges can arise in proving Customary International Law?

Accepted Answer

Difficulty in demonstrating consistent state practice and opinio juris

Answer

Lack of judicial precedent

Answer

Disagreement among legal scholars

Question 18

What is the anticipated future role of Customary International Law in the 21st century?

Accepted Answer

It will likely remain a significant force in shaping international relations and addressing global challenges

Answer

Its relevance is expected to decline due to the proliferation of treaties

Answer

It will be replaced by new forms of international law

Question 19

Which of the following is a source of Customary International Law?

Accepted Answer

Consistent state practice accompanied by opinio juris

Answer

Law created by international organizations

Answer

General Assembly resolutions

Answer

Decisions of international courts and tribunals

Question 20

What are the two essential elements for a state practice to become a customary rule?

Accepted Answer

Consistency and opinio juris

Answer

Codification and judicial recognition

Answer

Widespread practice and state consent

Question 21

Which of the following is a characteristic of Customary International Law?

Accepted Answer

It is unwritten and binding on states

Answer

It is only binding on states that have consented to it

Answer

It is easy to identify and apply

Answer

It is less significant than treaty law

Question 22

How can a state demonstrate its persistent objection to a customary rule?

Accepted Answer

By consistently objecting to the practice in question

Answer

By refusing to comply with the rule in specific instances

Answer

By making a formal declaration to the United Nations

Question 23

What is the significance of Customary International Law in international relations?

Accepted Answer

It provides a comprehensive framework for peaceful coexistence and cooperation among states

Answer

It is the only source of international law

Answer

It is only binding on developed countries

Question 24

How does Customary International Law interact with treaty law?

Accepted Answer

Customary rules can supplement, modify, or even override treaty provisions

Answer

Customary rules only apply to states that are not party to the treaty

Answer

Customary rules are always superior to treaty provisions

Question 25

How can Customary International Law be enforced?

Accepted Answer

Through diplomatic pressure, international organizations, or ad hoc tribunals

Answer

Only through the International Court of Justice

Answer

Customary rules are self-enforcing