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Opinio Juris
Opinio juris may refer to: * Sources of international law#Opinio juris *''Opinio juris sive necessitatis ''Opinio juris sive necessitatis'' ("an opinion of law or necessity") also simply ''opinio juris'' ("an opinion of law") is the belief that an Action (philosophy), action was carried out as a legal obligation. This is in contrast to an action resu ...'' * Opinio Juris (blog) {{disambig ...
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Sources Of International Law
International law, also known as "law of nations", refers to the body of rules which regulate the conduct of sovereign states in their relations with one another. Sources of international law include treaties, international customs, general widely recognized principles of law, the decisions of national and lower courts, and scholarly writings. They are the materials and processes out of which the rules and principles regulating the international community are developed. They have been influenced by a range of political and legal theories. Modern views Article 38(1) of the Statute of the International Court of Justice is generally recognized as a definitive statement of the sources of international law. It requires the Court to apply, among other things, (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; (b) international custom, as evidence of a general practice accepted as law; (c) the general pr ...
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Opinio Juris Sive Necessitatis
''Opinio juris sive necessitatis'' ("an opinion of law or necessity") also simply ''opinio juris'' ("an opinion of law") is the belief that an Action (philosophy), action was carried out as a legal obligation. This is in contrast to an action resulting from Cognition, cognitive reaction or behaviors habitual to an individual. This term is frequently used in legal proceedings such as a defense for a case. ''Opinio juris'' is the subjective element of custom as a sources of law, source of law, both custom (law), domestic and customary international law, international, as it refers to beliefs. The other element is state practice, which is more objective as it is readily discernible. To qualify as state practice, the acts must be consistent and general international practice. A situation where ''opinio juris'' would be feasible is a case concerning Right of self-defense, self-defense. A condition must be met where the usage of force is limited to the situation at hand. The act of stri ...
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