The doctrine of OPINIO JURIS in international law is distinct from STA…

Question

The doctrine of OPINIO JURIS in international law is distinct from STATE PRACTICE in that opinio juris is:

Accepted Answer

A. the SUBJECTIVE element — the belief or conviction of States that a practice is required by law (the psychological element)

1. State practice (the OBJECTIVE element) is the empirically observable conduct of States.
2. Opinio juris (the SUBJECTIVE element) is the belief or conviction of States that a practice is followed because it is required by law (not merely habit, comity, or convenience).
3. Both elements are essential to establishing a rule of customary international law.
4. The ICJ in North Sea Continental Shelf required clear evidence of opinio juris, not just frequency of practice.
5. Hence option B is correct.
_Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / ICJ Statute / ARSIWA 2001 — ICJ Statute Article 38(1)(b); North Sea Continental Shelf (1969)_

Answer

the empirically observable acts and behaviour of States (cf. ICJ Statute Article 38(1)(b); North Sea Continental Shelf (1969))

Answer

the consensus of academic scholars (cf. ICJ Statute Article 38(1)(b); North Sea Continental Shelf (1969))

Answer

the prior judgments of international courts (cf. ICJ Statute Article 38(1)(b); North Sea Continental Shelf (1969))