| Opinio Juris |
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In a situation where Opinio juris would be feasible is a case concerning Self-defense . The defendant's act of striking a predator was done with legal justification, however legal territory limits the acceptability of such a claim. Opinio juris is the subjective element of Customary International Law as it refers of beliefs. The other element is state practice, which is more objective as it is readily discernable. To qualify as state practice, the acts must be consistent and general international practice. In international law, when a particular custom is developed, usually arising from consideration of consistent state practices among numerous international state actors, states are expected, and thus, to an extent, obligated to continue to act in accordance with said custom. This has been deemed a source of international law under Article 38.1 of the charter of the Permanent Court Of International Justice , and is deemed, in jurisprudence, as ''Opinio juris''. As Opinio juris as been established as a source of international law, it may thus be legitimately cited in international legal cases. |
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