The PERSISTENT OBJECTOR doctrine permits a State that has CONSISTENTLY OBJECTED to a rule of customary international law during its formation to:
Answer & Solution
Correct answer: D.
1. The PERSISTENT OBJECTOR rule: a State that has clearly and consistently objected to a rule of customary international law during the period of the rule's formation is NOT BOUND by that rule.
2. Recognized in Anglo-Norwegian Fisheries Case (UK v Norway), 1951 ICJ Rep 116 — Norway was not bound by the 10-mile bay rule because of consistent objection.
3. The ILC's Draft Conclusions on Identification of Customary International Law (2018) include Conclusion 15 on persistent objector.
4. NOT applicable to JUS COGENS norms — from which no derogation is permitted.
5. Hence option B is correct.
_Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / ICJ Statute / ARSIWA 2001 — Persistent Objector Doctrine; Anglo-Norwegian Fisheries Case (1951); ILC Conclusion 15 (2018)_
Related questions
In the ASYLUM CASE (Colombia v Peru), 1950 ICJ Rep 266, the ICJ addressed the question of The doctrine of 'RESPONSIBILITY TO PROTECT' (R2P), adopted by the World Summit in 2005, reArticle 25 UN Charter establishes that decisions of the SECURITY COUNCIL are:Under Article 31(3) VCLT, in addition to context, the following shall be taken into accounThe MOON TREATY 1979 (Agreement Governing the Activities of States on the Moon and Other CUnder Article 5 of the CONVENTION AGAINST TORTURE 1984 (CAT), each State Party shall take EXTRADITION (the formal surrender of a fugitive by one State to another for prosecution orThe RIGHT OF INNOCENT PASSAGE through the territorial sea (Articles 17-32 UNCLOS) means pa