Opinio juris sive necessitatis or Opinio juris is the belief that a behavior was done because it was a legal obligation. This is in contrast to a behavior being the result of different cognitive reaction, or behaviors that were habitual to the individual. This term is frequently used in legal proceedings such as a defense for a case. Behavior or behaviour (see spelling differences) refers to the actions or reactions of an object or organism, usually in relation to the environment. ... Cognitive The scientific study of how people obtain, retrieve, store and manipulate information. ...
A situation where Opinio juris would be feasible is a case concerning Self-defense. The defendant's act of striking a predator was done with legal justification, however legal territory limits the acceptability of such a claim. This article and defense of property deal with the legal concept of excused (sometimes termed justified) acts that might otherwise be illegal. ...
Opinio juris is the subjective element of customary international law as it refers of beliefs. The other element is state practice, which is more objective as it is readily discernable. To qualify as state practice, the acts must be consistent and general international practice. Customary international law Unwritten law applied to the behaviour of nations. ...
In international law, when a particular custom is developed, usually arising from consideration of consistent state practices among numerous international state actors, states are expected, and thus, to an extent, obligated to continue to act in accordance with said custom. This has been deemed a source of international law under Article 38.1 of the charter of the International Court of Justice, and is deemed, in jurisprudence, as Opinio juris. As Opinio juris has been established as a source of international law, it may thus be legitimately cited in international legal cases. Peace Palace, seat of the ICJ. The International Court of Justice (known colloquially as the World Court or ICJ; French: Cour internationale de justice) is the principal judicial organ of the United Nations. ...
First, we at OpinioJuris want to welcome Res Communis, a new blog that is run by the National Center for Remote Sensing, Air, and Space Law at the University of Mississippi Law School.
What I take issue with is the notion that relevant opiniojuris or generally shared meaning merely should be or merely has been that of “states.” For example, Christiana offers an initial inquiry into some of the history of Article 38(1)(b) of the Statute of the ICJ on pages 171-73.
Yet she concludes that the article encompasses merely “state” practice and opinio (id. at 132, 170) despite the fact that the word “state” was excluded from subparagraph (b) and that the drafters used the word “state” in subparagraph (a) and used the word “nation” in subparagraph (c).
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