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Topic: Opinio juris

	Opinio Juris - International Legal Theory and Teaching
		First, we at Opinio Juris want to welcome Res Communis, a new blog that is run by the National Center for Remote Sensing, Air, and Space Law at the University of Mississippi Law School.
		What I take issue with is the notion that relevant opinio juris or generally shared meaning merely should be or merely has been that of “states.” For example, Christiana offers an initial inquiry into some of the history of Article 38(1)(b) of the Statute of the ICJ on pages 171-73.
		Yet she concludes that the article encompasses merely “state” practice and opinio (id. at 132, 170) despite the fact that the word “state” was excluded from subparagraph (b) and that the drafters used the word “state” in subparagraph (a) and used the word “nation” in subparagraph (c).
	opiniojuris.powerblogs.com /international_legal_theory_and_teaching (11876 words)

	The Situation on the International Legal Theory Front: The Power of Rules and the Rule of Power (Site not responding. Last check: 2007-11-03)
		identify the distinction between `opinio juris' and `state practice' with the distinction between international law and international politics, between what states might legally be obligated to do, and what they actually did as the result of a far wider range of pressures and opportunities.
		He rejects the view that opinio juris is a state of mind accompanying a specific state act which gives that act its legal significance.
		Instead, opinio juris is a `diffuse consensus, a set of shared understandings among States as to the legal relevance of different kinds of behaviour...' (at 19).
	www.ejil.org /journal/Vol11/No2/br1-02.html (3057 words)

	Brigitte Stern, Custom at the Heart of International Law, 11 Duke J. of Comp. & Int'l L. 89 (2001) (Site not responding. Last check: 2007-11-03)
		It is opinio juris which reveals the rule that, according to these doctrines, can only conform to the general interest of international society as embodied in the specific concept (divine law, reason or natural law, history, objective law, social necessities) employed by the different theories.
		Opinio juris is thought by the voluntarist school, in all its different tendencies, to be the assent of all, to be the feeling of being bound by a rule to which one consents.
		And it is precisely because of this that the explanation of the appearance of opinio juris is inseparable from an analysis of international relations.
	www.law.duke.edu /journals/djcil/articles/djcil11p89.htm (6215 words)

	Opinio Juris Sive Necessitatis@Everything2.com
		The conviction that a legal entity is bound to act or refrain from acting by a certain law is usually derived from one of three areas: Common Practice, Extrapolation, or arguably the rather more hazy concept of Natural Law.
		Opinio juris is most notable in the field of International Law.
		If natural law is indeed what the most important of humanity's laws are derived from, and if opinio juris is a necessary source of law as it is on the international stage, then it would be surprising if the twos' coincidence was unrelated.
	www.everything2.com /index.pl?node_id=1872001 (1585 words)

	The News that Opinio Juris “Is Not a Necessary Element
		opinio juris plays no role during the process of the formation of customary international law assumes that during this period there is a fully-formed
		opinio juris is necessary for the ripening of a rule of customary international law at that big bang moment of resonance between practice, where required, and
		opinio juris is not a necessary element of customary international law results from the mistake of equating conduct with law, which in turn stems from the mistake of viewing law purely from an external perspective as an observer, and from not being able to see the internal aspect of law.
	www.sienhoyee.org /opiniojuris.htm (191 words)

	Opinio Juris
		Opinio Juris is very pleased to announce that John Bellinger will be guest blogging with us for the week of January 15.
		And we’re going to continue to make that very clear to the world.” As most readers of Opinio Juris are aware, she also addressed both the 99th anniversary meeting of the American Society of International Law in April 2005 and its Centennial meeting in March 2006.
		My thanks to Opinio Juris for setting up this fascinating exchange and for inviting me to participate, and to John Bellinger for taking time to provide such thoughtful posts.
	www.opiniojuris.org /posts/chain_1169503291.shtml (15542 words)

	Opinio Juris - Africa
		A federal district court has rendered an interesting memorandum opinion on whether plaintiffs in the Kenyan embassy bombing case are entitled to a jury in the determination of damages.
		In addition, the Court notes that an exhaustive survey of federal cases reveals that a bench (rather than a jury) determination of damages is the norm in cases brought pursuant to the ATCA where default has been entered.
		As for a jury trial, I am not aware of a single ATS case involving a jury trial at any stage in the proceeding.
	www.opiniojuris.org /africa (10490 words)

	Opinio Juris -
		Opinio Juris Inaugural On-Line Symposium: Challenges to Public International Law
		From the parochial perspective of Opinio Juris, I was happy to see the impressive showing of the OJ co-bloggers -- and many of our guest blogging alums -- at the conference.
		The reception, sponsored by Oxford University Press, will be from 5:30 pm to 6:30 pm in the Lobby Bar of the Algonquin Hotel, 59 West 44th Street (across the street from the New York City Bar Building).
	www.opiniojuris.org (8889 words)

	Opinio Juris - Other Issues
		Congratulations to Opinio Juris alum Janet Levit on being named Interim Dean at Tulsa Law School.
		Opinio Juris is pleased to welcome Professor Kristen Boon, who will be guest blogging with us for the next week.
		Opinio Juris is pleased to welcome back Professor Eugene Kontorovich of Northwestern University School of Law, who will be guest-blogging with us for the next week or so.
	www.opiniojuris.org /other_issues (3121 words)

	Opinio Juris: Does the Legality of the Iraq War Matter?
		Opinio Juris: Does the Legality of the Iraq War Matter?
		A weblog dedicated to reports, commentary, and debate on current developments and scholarship in the fields of international law and politics.
		See my post "War, Law, and Consistency" on the Opinio Juris main page for the longer version of this argument.
	lawofnations.blogspot.com /2005/02/does-legality-of-iraq-war-matter.html (2320 words)

	University of Missouri School of Law: Margaret (Peggy) E. McGuinness
		She has published in the area of mediation in armed conflict, the status of refugees in conflict zones, and the role of the UN in war.
		Professor McGuinness is a co-founder of, and contributor to, Opinio Juris, a weblog dedicated to reports, commentary, and debate on current developments and scholarship in the fields of international law and politics.
		Opinio Juris (with Chris Borgen, Julian Ku, Roger Alford, Kevin Jon Heller, and Duncan Hollis), at http://www.opiniojuris.org/
	www.law.missouri.edu /faculty/mcguinnessm.html (404 words)

	Untitled (Site not responding. Last check: 2007-11-03)
		Opinio juris,short for opinio juris sive necesitatis, can be translated as ‘a conviction that a rule is obligatory.’ It refers to state officials’ sense of a legal obligation to follow a certain practice, and it is sometimes called the ‘belief element.’
		The “attitude referred to expresses an opinio juris respecting such rule (or set of rules), to be thenceforth treated separately from the provisions, especially those of an institutional kind, to which it is subject on the treaty-law plane.
		It is important to note that an apparent contradiction, or Catch-22 is inherent in the doctrine: opinio juris is a prerequisite for customary law, but in order to produce opinio juris, state officials must be convinced that the law already exists.
	www.polisci.umn.edu /courses/spring2001/4881/land.html (4768 words)

	Search for Juris - WordIQ.com (Site not responding. Last check: 2007-11-03)
		Ratio Juris is a leading international journal of philosophy of law and general jurisprudence...
		Juris is a family of workflow software for different industries.
		Juris International is a multilingual collection (English, Spanish, and French) of legal information on international trade.
	www.wordiq.com /cgi-bin/smartsearch/smartsearch.cgi?keywords=Juris&s=40&bt=&crawlsite=&c=&db=&e=1890002&f=0&username=&c3=2&c5=0&c99= (626 words)

	Trident Ploughshares - Transcript of Day Two Tuesday, 10th October, 2000
		opinio juris of States.’ States which hold the view that the use of nuclear weapons is illegal have endeavoured to demonstrate the existence of a customary rule prohibiting this use.
		opinio juris (that is, a belief that it is obligatory) which is evidence that the behaviour in question is required.
		Opinio juris therefore transforms behaviour from the discretionary to the mandatory.
	tridentploughshares.org /article1167 (13450 words)

	[No title] (Site not responding. Last check: 2007-11-03)
		In its analysis of the concrete rules of customary law to be applied in the dispute, however, the Court decisively relied on the treaty law of the UN Charter in establishing the content of the applicable law, despite its theoretical emphasis on `opinio juris' and actual practice.
		In order to be satisfied that there exists in customary law an 'opinio juris' as to the binding character of the obligation to refrain from the threat or use of force, the Court mainly dealt with the practice in the United Nations.
		The Court argued that an 'opinio juris' may, though with all due caution, be deduced from the attitude of the Parties and the attitude of other States towards certain General Assembly resolutions, in this case particularly the "Friendly Relations Declaration" of 1970.
	www.mpiv-hd.mpg.de /en/wcd/dec0102.cfm (3038 words)

	Opinio 4.3.5 (Site not responding. Last check: 2007-11-03)
		Opinio is designed with an open database platform and supports all major databases.
		Opinio Screenshot Opinio is a complete survey solution featuring flexible survey design, advanced reporting, plugin architecture...
		Opinio is a comprehensive system to create, publish, analyze and maintain surveys.
	www.downloady.net /new/opinio-4-3-5.htm (3233 words)

	SUMMARY: Military and Paramilitary Activities In and Against Nicaragua (Nicaragua v. United States of America) (Merits) ... (Site not responding. Last check: 2007-11-03)
		It considers that this opinio juris may be deduced from, inter alia, the attitude of the Parties and of States towards certain General Assembly resolutions, and particularly resolution 2625 (XXV) entitled "Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations".
		Consent to such resolutions is one of the forms of expression of an opinio juris with regard to the principle of non-use of force, regarded as a principle of customary international law, independently of the provisions, especially those of an institutional kind, to which it is subject on the treaty-law plane of the Charter.
		Expressions of an opinio juris of States regarding the existence of this principle are numerous.
	www.lawschool.cornell.edu /library/cijwww/icjwww/idecisions/isummaries/inussummary860627.htm (8507 words)

	[No title] (Site not responding. Last check: 2007-11-03)
		It would therefore seem apparent that the attitude referred to expresses an opinio juris respecting such rule (or set of rules), to be thenceforth treated separately from the provisions, especially those of an institutional kind, to which it is subject on the treaty-law plane of the Charter.
		Expressions of an opinio juris regarding the existence of the principle of non-intervention in customary international law are numerous and not difficult to find.
		The existence in the opinio juris of States of the principle of non-intervention is backed by established and substantial practice.
	www.virtual-institute.de /en/wcd/102020100100.cfm (2235 words)

	Opinio 4.3.5 (Site not responding. Last check: 2007-11-03)
		Opinio Screenshot Opinio is a descargarplete survey solution featuring flexible survey design, advanced reporting, plugin architecture...
		Opinio is a free and descargarprehensive system to create, publish, analyze and maintain surveys.
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	www.cristalplayer.net /opinio-4-3-5.htm (3233 words)

	NameTraq \| Last Name: Juris
		She plans to obtain her Juris Doctorate and hopes to be an international lawyer, and become a member of the state’s board of education.
		Grandparents are Juris and Beth Kalejs of Wellesley and Karla Robinson of Ewing Township, NJ, and the late Husain Qazilbash of Karachi, Pakistan.
		Juris Stals had arthroscopic knee surgery on Tuesday and is expected to be out three weeks.
	nametraq.com /genealogy_jan04/J/Juris.shtml (1867 words)

	Written statement submitted by
		Customary international law prohibiting the juvenile death penalty is comprised of both: (1) state practice, which is evidenced by the long term, wide spread compliance by many nations; and (2) opinio juris, in that nation states believe that the law is not merely desired, but mandatory and required by international law.
		Both state practice and opinio juris evidence the customary international law prohibiting the juvenile death penalty.
		Second, opinio juris is comprised of numerous treaties and pronouncements by international bodies.
	www.unhchr.ch /Huridocda/Huridoca.nsf/TestFrame/ea26c338d9df7dc5c1256b650049b306?Opendocument (1079 words)

	LORD ADVOCATE'S REFERENCE NO. 1 of 2000 BY HER MAJESTY'S ADVOCATE REFERRING FOR THE OPINION OF THE HIGH COURT ON POINTS ...
		Overall, she concluded that it fell to her formally to instruct the jury that they should acquit all three accused of the charges relating to wilful and malicious damage.
		It is to be noted that the evidence in question was led before the jury, and not merely before the sheriff (outwith the presence of the jury) as some kind of alternative or substitute for legal submissions.
		Nonetheless, in judging whether there is a settled opinio juris as a matter of customary law, it appears to us that the history and nature of conventional provisions may be of substantial significance.
	www.scotcourts.gov.uk /opinions/11_00.html (17163 words)

	International Customary Law and Antipersonnel Landmines: Emergence of a New Customary Norm, Landmine Monitor Report 1999
		Opinio juris, short for opinio juris sive necesitatis, can be translated as ‘a conviction that a rule is obligatory.
		The actual conduct of States in their relations with other nations is only a subsidiary means whereby the rules which guide the conduct of States are ascertained.”34 In that view, practice is subsidiary to opinio juris.
		The Court decided that there was customary law against intervention although many states had intervened in others’ affairs, because the intervening states had not “justified their conduct by reference to a new right of intervention or a new exception to the principle of its prohibition.”35
	www.icbl.org /lm/1999/appendices/custom_law.html (6137 words)

	PIL I Model Answers (December 1999) (Site not responding. Last check: 2007-11-03)
		Opinio juris is the belief by the state that the conduct in question is legally obligatory or permissible.
		The key about opinio juris is that is shows that states must recognise that they are behaving in such a way because they are required or legally allowed to do this.
		Opinio juris can be inferred from the practice of states (less stringent proof), but is generally inferred from the express statements of officials.
	law.uwichill.edu.bb /davidberry/Exams/pil199.htm (9417 words)

	Nuclear Files: Library: Treaties: Internationcl Court of Justice, Legality of Nuclear Weapons, July 8, 1996
		Or a series of resolutions may show the gradual evolution of the opinio juris required for the establishment of a new rule.
		Examined in their totality, the General Assembly resolutions put before the Court declare that the use of nuclear weapons would be "a direct violation of the Charter of the United Nations"; and in certain formulations that such use "should be prohibited".
		The emergence, as lex lata, of a customary rule specifically prohibiting the use of nuclear weapons as such is hampered by the continuing tensions between the nascent opinio juris on the one hand, and the still strong adherence to the practice of deterrence on the other.
	www.nuclearfiles.org /menu/library/treaties/international-court-justice/trty_international-court-justice_legality-nuclear-weapons-II_1996-07-08.htm (4895 words)

	[No title] (Site not responding. Last check: 2007-11-03)
		Opinio Juris — states have to think that they’re carrying out the practice because it’s legally required — presumption of legal obligation.
		The ICJ found opinio juris through the same things that evidenced general practice — the fact that the Portuguese were never deprived of or even restricted in their access by all successive parties.
		There was no such opinio juris for any military right of access, as the previous 125 years had been all non-military.
	salam.muslimsonline.com /~mlsn/ILOutline.doc (8367 words)

	Find Free Essays on International Law and the Gender equality priciple
		The standards for ascertaining whether the gender equality principle has matured into CIL are the existence of Opinio Juris (what states are obliged to do) and state practice.
		CUSTOMARY INTERNATIONAL NORM: Opinio Juris in this instance is the belief that the practice of the gender equality principle “is obligatory, rather than merely convenient or habitual” (p.32) and thus is an essential component of customary international law.
		Opinio Juris can also be inferred from repeated state practice.
	www.findfreeessays.com /show_essay/5163.html (586 words)

	Book Reviews (Site not responding. Last check: 2007-11-03)
		When combined with opinio juris, state practice is also critical to gauging the extent of customary law on these questions.
		Of course, it is possible to adopt less orthodox views of what constitutes state practice and opinio juris, or to discount one for the other (depending upon the norm at issue) to prove custom.
		The gap between a position which stresses the duty of accountability and one which emphasizes the importance of democracy could be bridged somewhat if a duty of accountability (assuming that one is emerging) were to afford some discretion to the state regarding specific forms of action against former abusers.
	www.ejil.org /journal/Vol9/No2/br2.html (4061 words)

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