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Publıc Internatıonal Law I
PUBLIC INTERNATIONAL LAW I Dersi Sources of International Law soru cevapları
PUBLIC INTERNATIONAL LAW I Dersi Sources of International Law soru detayı:
SORU:
What are the factors that make a practice or usage a customary rule of international law?
CEVAP: For a practice or usage to become a customary rule of international law, the following two factors are essential:
- A material fact: in similar circumstances States act similarly, in other words, usage has been constantly and uniformly practiced by States.
- A psychological element: (opinio juris sive necessitatis) (an opinion of law or necessity)- the feeling on the part of States that in acting as they act they are fulfilling a legal obligation.
For a practice or usage to become a customary rule of international law, the following two factors are essential:
- A material fact: in similar circumstances States act similarly, in other words, usage has been constantly and uniformly practiced by States.
- A psychological element: (opinio juris sive necessitatis) (an opinion of law or necessity)- the feeling on the part of States that in acting as they act they are fulfilling a legal obligation.