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

For many decades, states have consistently acted in a particular way towards foreign diplomats because they believe they are legally obliged to do so, although no treaty requires it. Which source of international law does this practice most clearly represent?

This is customary international law. It arises from consistent, long-standing state practice combined with a belief that the conduct is legally required. Because no treaty exists and the practice is shared between states, it is neither a bilateral treaty nor one state's domestic legislation.

  1. ACustomary international lawCorrect
  2. BA bilateral treaty
  3. CDomestic legislation of one state

Explanation

Customary international law arises from consistent state practice accompanied by a belief that the practice is legally required (opinio juris). No treaty is involved, so it is not a treaty, and a practice shared by states is not one state's legislation.

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