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

For many years, coastal states have consistently granted foreign merchant ships a right of innocent passage through their territorial waters, because they believe they are legally obliged to do so. State Z has never signed any treaty on the matter. Which statement is most accurate?

State Z may be bound by customary international law. Custom arises from consistent state practice accepted as legally obligatory, and it can bind states even where they have signed no treaty. Domestic incorporation is not required for the rule to exist in international law.

  1. AState Z is not bound, because it has signed no treaty on the matter
  2. BState Z may be bound by customary international law, as the practice is consistent and accepted as legally requiredCorrect
  3. CState Z is bound only if the practice is also written into its own national constitution

Explanation

Customary international law needs consistent state practice plus the belief that it is legally required (opinio juris). Once established it can bind states without a treaty. Option A wrongly assumes treaties are the only source, and option C wrongly requires domestic enactment.

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