Law 3101A/B Quiz: International case law
Document Summary
Opinio juris is reflected not only in acts of. States, but also in omissions when they are made following a belief that the said state is obligated by law to refrain from acting in a particular way. State behavior doesn"t need to be completely consistent with the rule, but just generally. The passage of only a short period of time doesn"t bar the formation of a new rule of customary law. The practice by states who are specifically affected is of particular relevance. Both state practice (the objective element) and opinio juris (the subjective element) are essential pre-requisites for the formation of a customary law rule. Norway persistently objected to the emergence of a potential 10-mile rule for the closing line of bays. Peru persistently objected the existence of a custom on diplomatic asylum in latin america and therefore couldn"t be bound by it.
