ABSTRACT
If the existence of a rule of customary international law is founded upon state practice, then the first question that arises is as to the nature and forms of evidence that are admissible to demonstrate such state practice. First, each state is represented by a government and in principle acts or statements of all three branches of government are admissible as evidence of state practice. Thus, executive decisions, legislative enactments and municipal judicial decisions are all, in principle, admissible. In the modern world, statements are made by governments to the press, to legislative assemblies and to various international organisations. Much will depend on the context as to the weight that should be given to such announcements and it is arguable that a distinction should be made as to communications with other governments and statements made for domestic consumption. Correspondence between foreign ministries may constitute evidence of practice, although not all states publish such documents.27
