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Question
From 2026 to 2033, a coalition of states publicly asserts that there exists a customary international rule protecting the inviolability of diplomatic missions and personnel, extending to the premises and staff of consular posts abroad, even during periods of domestic unrest or upheaval, and that this practice has crystallized into customary international law. They publish guidelines, incident tallies of breaches, and conduct joint trainings. The Philippines has neither joined nor publicly objected. In 2035, a Philippine court handling a case involving an assault on a diplomatic mission 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 2037, begins to respect diplomatic inviolability more consistently; does this retroactively affect the status of the norm?