Where can I find Opinio Juris?
Asked by: Sincere Wolff | Last update: June 1, 2026Score: 4.9/5 (1 votes)
You can find Opinio Juris, the leading blog on international law, at opiniojuris.org, where legal experts discuss topics in international law, or find expert short-form publications under the OpinioJuris imprint on the Michigan Journal of International Law repository. The term itself refers to the belief that a practice is legally required, a key element of customary international law, found in sources like ICJ decisions, UN General Assembly resolutions, and official state statements.
What counts as opinio juris?
In customary international law, opinio juris is the second element necessary to establish a legally binding custom. Opinio juris denotes a subjective obligation, in that a state perceives itself to be bound by the law in question.
How to prove opinio juris?
Evidence of opinio juris might include diplomatic pronouncements, votes, or other such expression of views by states. Some terms recognized by the International Court of Justice as expressing more than an opinio simpliciter include “ recognition ,” “conviction,” “sense of duty,” and “consciousness,” according to O.
What is the paradox of opinio juris?
The paradox is that for a new customary rule to be created states must believe that the law already obligates the behaviour specified in that rule (opinio juris). However, the behaviour in question can only be legally required once that rule has been created.
How does opinio juris affect legal decisions?
Opinio juris is essential to identify the rule that states believe exists (or should exist) and is consistent with a pattern of practice. Moreover, the well-accepted formulation of customary law, including that employed by the ICJ in the 1969 North Sea Continental Shelf Cases, again raises the paradox of opinio juris.
Customary International Law Customs Opinio Juris State Practice
Does international law supersede US law?
International law doesn't automatically "supersede" U.S. law; instead, treaties become supreme law if self-executing or implemented by Congress, while customary international law's status is debated, often incorporated as federal common law, but later federal statutes can override conflicting treaties, reflecting the U.S. Constitution's Supremacy Clause which places treaties alongside federal laws as supreme law, but U.S. courts generally favor later-in-time legislation over older treaties when conflicts are unavoidable.
What is the full meaning of juris?
Legal Definitions - juris
“Juris” is a Latin term meaning "of law" or "of right." It is often used as a prefix or within legal phrases to indicate that something pertains to a specific type of law, right, or legal authority, such as divine law, positive law, private rights, or public rights.
Is opinio juris required for customary law?
Opinio Juris as General Acceptance
The objective element in the formation of customary interna- tional law requires the existence of a general practice, and the subjective element (opinio juris) requires a widespread approval of the practice.
What is the opinio juris necessities?
Opinio juris sive necessitatis ("an opinion of law or necessity"), also simply opinio juris ("an opinion of law"), is the belief that an action was carried out as a legal obligation.
How to prove the burden of proof?
Depending on the jurisdiction and type of action, the legal standard to satisfy the burden of proof in U.S. litigation may include, but is not limited to: beyond a reasonable doubt in criminal law. clear and convincing evidence to prove fraud in will disputes. preponderance of the evidence in most civil cases.
What is animus in jurisprudence?
In property law, animus possidendi ("intent to possess") refers to a person's manifest intention to control an object, and is one of the two elements—along with factum possidendi (the "fact of possession")—required to establish property in an object by first possession.
Who can ask for an advisory opinion?
Attorney-General request for an advisory opinion
An advisory opinion from the Judicial Entitlements Panel must be initiated through a written request by the Attorney-General. Any request made by the Attorney-General will be published in this register.
What does juris mean in court?
Corpus juris is Latin for “body of law.” It may also be the title of a large, encyclopedic collection of laws, comprising an entire body of law.
What are the five main sources of international law?
Sources of IML
- International conventions;
- Customary international law;
- General principles of law;
- Judicial decisions (or jurisprudence), and the teachings of the most highly qualified legal scholars (publicists) of the various nations.
Who is called the father of international law?
Hugo Grotius, often referred to as the father of international law, significantly shaped legal thought in the early 17th century with his landmark work, "On the Law of War and Peace." Born in 1583 in Delft, Holland, Grotius was a prodigious talent, achieving notable academic and professional milestones at a young age.
What makes a practice "customary"?
Customary practices are defined as practices inherited from the past that are accepted and respected by the members of a community.
Does opinio juris apply to all areas of law?
Legal use & context
This term is primarily used in the context of international law, where it helps establish the existence of customary laws that govern the conduct of states. Opinio juris communis is relevant in various legal areas, including: Human rights law. Environmental law.
What are the two elements of custom?
A custom, to be valid, must be observed continuously for a very long time without any interruption. Further, a practice must be supported not only for a very long time, but it must also be supported by the opinion of the general public and morality. However, every custom need not become law.
What is the highest title for a lawyer?
Top lawyers are called by various honorifics, often reflecting seniority and excellence, such as Partner, Managing Partner, or even "Name Partner" (like Smith in Smith & Jones) in firms, while designations like "Senior Counsel", "King's Counsel (KC)", or "Super Lawyer" signify high skill and peer recognition outside or within firms. The highest-ranking lawyer in the U.S. government is the Attorney General.
What is juris used for?
Juris software successfully provides the diverse timekeeping, billing, e-billing and accounting options that law firms require, along with ease of use and a strong audit trail.
Which is the most powerful law in the world?
5 most famous laws in the world
- 1/6. These laws go beyond legal statutes. The world is governed by numerous laws that extend beyond those written in constitutions or statutes. ...
- 2/6. Murphy's Law. ...
- 3/6. Pareto Principle. ...
- 4/6. Falkland's Law. ...
- 5/6. Parkinson's Law. ...
- 6/6. Godwin's Law.
What does article 7 of the US Constitution say?
Article VII of the U.S. Constitution is about the ratification process, stating that nine of the thirteen states' conventions needed to approve it for the Constitution to become the law of the land, establishing a pathway for the new government to take effect without requiring unanimous consent from all states, which had previously stalled the Articles of Confederation.
Has the United States ever violated international law?
Yes, many legal experts and international bodies have stated the U.S. recently violated international law, particularly through its military action and abduction of Venezuelan President Nicolás Maduro in January 2026, citing breaches of the UN Charter's prohibition on the use of force and national sovereignty. These actions are seen as setting a dangerous precedent, with criticism pointing to the lack of UN Security Council authorization, congressional approval, and a valid claim of self-defense.