The Permanent Court of International Justice observed “States had often, in practice, abstained from…
The S.S. Lotus case distinguished actual abstention from abstention based on a legal obligation. Custom requires practice accompanied by a belief that the law requires that…
Choose your answer
The Permanent Court of International Justice observed “States had often, in practice, abstained from instituting criminal proceedings and not that they recognized themselves as being obliged to do so, for only if such abstention were based on their being conscious of having a duty to abstain would it be possible to speak of an International custom” in which of the following case ?
Answer and explanation
Correct answer A
The S.S. Lotus case distinguished actual abstention from abstention based on a legal obligation. Custom requires practice accompanied by a belief that the law requires that conduct.
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