The doctrine of OPINIO JURIS in international law is distinct from STATE PRACTICE in that opinio juris is:
Answer & Solution
Correct answer: A.
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)_
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