Sentences with word «opinio»

As the ICJ made clear in the Nicaragua case, practice unaccompanied by opinio juris does not contribute to modifying customary rules concerning the use of force (para. 207; emphasis mine):

Of great relevance to the formation of opinio juris to the effect that violations of general international humanitarian law governing internal armed conflicts entail the criminal responsibility of those committing or ordering those violations are certain resolutions unanimously adopted by the Security Council.

In addition to the problem of a lack of a sufficiently general state practice and a lack of opinio jurisamong States, there are also significant theoretical problems with the humanitarian intervention argument.

In short, there is little opinio juris on which a doctrine of customary international law might be based.

I have been doing some research and have found different opinios.

Instead, it arises from the practice of states accompanied by what international lawyers call opinio juris, or states» intent that their practice carries legal significance.

The combination of a string of decisions in this field, coupled with the implicit acceptance or acquiescence of all the international subjects concerned, clearly indicates the existence of the practice and opinio juris necessary for holding that a customary rule of international law has evolved.

There's now an opinio — granted, a minority opinion — among baseball writers that any player from that era must be held accountable for what happened.

This is what the opinio juris aspect of custom requires.

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Narrative design, in my opinio... [Read More]

In Appellant's view, no State can assume jurisdiction to prosecute crimes committed on the territory of another State, barring a universal interest «justified by a treaty or customary international law or an opinio juris on the issue.»

On a purely legal level, it is particularly noteworthy that a state has essentially expressed its opinio juris to the effect that the customary principle of non-intervention requires it to prevent a private actor operating from a place within its jurisdiction from interfering with the electoral process of a third state by leaking the content of a campaign official's private emails.

Local and national media outlets have routinely solicited his legal analysis and opinio...

The process of clarifying customary international law requires reviewing evidence from, inter alia, national jurisdictions in order to make out its material sources, namely State practice and opinio juris.

Note also how the Appeals Chamber does not refer to state practice and opinio juris, but to practice pure and simple, as well as to the «lack of any objection by States, non-state actors or other interested parties «and the «acquiescence of all the international subjects concerned.»

Consequently there is no opinio juris and the silence of the UN should not be taken as acceptance of the Russian claim.