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ACCA Applied Skills · Corporate and Business Law (Global) · International trade, international legal regulation and conflict of laws

For decades, coastal states have consistently refused to stop foreign vessels from passing peacefully through their territorial waters, and they do so because they believe international law requires it. No treaty covers the point. Which source of international law does this practice create?

This creates customary international law. Custom arises where states follow a consistent, widespread practice and do so because they believe the law obliges them, known as opinio juris. Both elements are present, and no treaty or domestic statute is needed for the rule to bind states.

  1. ACustomary international lawCorrect
  2. BA bilateral treaty
  3. CSoft law with no legal force
  4. DDomestic statute law

Explanation

Custom requires two elements: consistent and widespread state practice, and opinio juris, the belief that the practice is legally obligatory. Both are present here, so a customary rule arises even without a treaty. The scenario excludes a treaty and refers to no legislation.

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