Opinio juris (international law) - sustany/dvg GitHub Wiki

Definition

Opinio�juris is a shortened form of the Latin phrase�opinio�juris�sive�necessitatis, which means�"an opinion of law or necessity."��

Overview

In customary international law,�opinio juris is the second element necessary to establish a legally binding custom.� Opinio juris denotes a subjective obligation, a sense on behalf of a state that it is bound to the law in question. The International Court of Justice reflects this standard in ICJ�Statute, Article 38(1)(b) by reflecting that the custom to be applied must be "accepted as law".��

As with customary international law,�opinio�jurisis�an unsettled and debated notion in international law.

Further Reading

For more on�opinio juris, see this Cambridge Law Review article, this Penn State Law Review article, and this International Law Studies article.