gjf0101（）.docVIP

gjf0101（） 1. international custom is the oldest and the most primitive legal source of international public law. Which of the following statements is wrong about international customs? () A. international customs have objective factors, that is, there are practices in which countries repeatedly act in a certain way The various instruments and diplomatic practices among the countries of the B. can serve as proof of the existence of international custom C. international habits are arbitrary, and only through the explicit choice of the subject of international law, can they have legal binding force on a specific subject D. international custom, as the source of international law, is legally binding by the subject of international law [answer number 501835010101] The correct answer, C Answer the question and examine the international customs. Option C refers to the characteristics of international practices rather than the characteristics of international habits. Extension of knowledge point: International custom: There are three main sources of international public law: international treaties, international customs (the oldest and most primitive sources of law) and general principles of law. (1) international custom has two elements, subjective factor: product of practice, objective factor: binding force on international subject. Note: the difference between international treaties and international customs The international treaty only binds the Contracting State in principle; the international custom restrains all the subjects of international law. (2) the comparison of international customs in international public law with international economic law and international private law The same: they are the product of practice, not the product of legislation Difference： A. is different from the legal department, international custom is in international public law, and international practice is in international economic law and international judicature B. binding from diffe