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Question
From 2010 to 2029, a coalition of states publicly asserts that there exists a customary international rule prohibiting enforced disappearances and extraterritorial abductions, accompanied by published guidelines, incident tallies, and joint trainings. The Philippines has neither joined nor publicly objected. In 2026, a Philippine court handling a case involving alleged extraterritorial disappearances contemplates applying this practice as customary international law. (a) Identify the central doctrine at issue and its two elemental requirements. (b) Explain the role of opinio juris and general practice, and the effect of a persistent objector. (c) Apply the facts: does the described practice suffice to create a binding customary international norm on the Philippines? If not, what factors would make it binding? Suppose the Philippines, in 2028, begins to practice preventing extraterritorial disappearances; does this retroactively affect the status of the norm?