Site navigation

Which 1927 decision of the Permanent Court of International Justice held that States’ abstention from…

The Lotus decision explains that habitual abstention from prosecution alone does not establish customary international law. The abstention must reflect a perceived legal…

Choose your answer

Which 1927 decision of the Permanent Court of International Justice held that States’ abstention from instituting criminal proceedings could establish international custom only if it reflected their awareness of a legal duty to abstain?

Select one answer
Answer and explanation

Correct answer A

The Lotus decision explains that habitual abstention from prosecution alone does not establish customary international law. The abstention must reflect a perceived legal duty, providing the element of opinio juris alongside practice.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic