Правно действие на субективния елемент (opinio juris) на обичайната норма на международното право
Legal Effect of the Subjective Element (Opinio juris) of the Customary Norm of International Law

Summary/Abstract: The legal effect of the international law customary norm, designated by the Roman law term opinio juris, is manifested, first, in relation to the states which actively carry out the practice (the objective element) of a certain customary norm. The second direction of the opinio juris effect relates to those states which have their interest in the said practice, however, they do not carry it out. These states are passive ones, yet, they express their opinio juris as regards the practice – they consider it mandatory. And there is also another hypothesis, namely the one of opinio juris of states being initially absent as regards a certain practice. This hypothesis refers to those states which do not at all carry out the practice as it does not concern them. Naturally, these states cannot bear any relation whatsoever to the said practice, i.e. they cannot manifest opinio juris with regard to the practice. At the same time, there is a category of customary law norms which are binding on all states in the world, even those which have no opinio juris in relation to the said norms because they disagree with the said norms – these are the imperative norms of international law (jus cogens).

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