Механизъм на формирането на субективния елемент на обичайната норма на международното право
MECHANISM OF FORMATION OF THE SUBJECTIVE ELEMENT OF CUSTOMARY RULE IN INTERNATIONAL LAW

Summary/Abstract: The establishment of customary rule in public international law is a process in which the two elements of customary international legal rule come into being and take shape: the practice of States and the recognition of practice as obligatory, i.e. as law, this also being the definition of the international law custom. In the course of its development, practice gradually becomes uniform, consistent, continuous and representative. The importance of these features of practice is that, as a result thereof, the States start treating it as obligatory and start performing it, respectively, convinced in its being such, i.e. the States recognize practice as law. In international law doctrine, this recognition of practice as law is assumed to be designated with the Latin phrase opinio juris sive necessitatis (an opinion of law or necessity), or opinio juris in short. Îpinio juris in relation to practice turns it into a legal rule, namely a customary one, because the form of existence of the rule is practice, again.

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