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SSRN Electronic Journal
Article . 1999 . Peer-reviewed
Data sources: Crossref
The University of Chicago Law Review
Article . 1999 . Peer-reviewed
Data sources: Crossref
https://doi.org/10.1093/oso/97...
Part of book or chapter of book . 2005 . Peer-reviewed
Data sources: Crossref
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A Theory of Customary International Law

Authors: Goldsmith, Jack L.; Posner, Eric A.;

A Theory of Customary International Law

Abstract

Abstract Customary international law is typically defined as the general and consistent practices of states that they follow from a sense of legal obligation (Restatement 1987, § 102[2]). This definition contains two elements: there must be a widespread and uniform practice of states, and states must engage in the practice out of a sense of legal obligation. This second requirement, often referred to as opiniojuris, is the central concept of customary international law. Because opinio juris refers to the reason a state acts in accordance with a behavioral regularity, it is often described as the “psychological” element of customary international law (Brownlie 1960, 7–9; D’Amato 1971, 47–55, 66–73). Opinio juris is what distinguishes a state act done out of interest or comity from one that a state performs because it is required to do so by law. Courts and scholars say that a long-standing practice among states “ripens” or “hardens” into customary international law when it becomes accepted by states as legally binding (The Paquete Habana 1900, 686).

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United States
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Keywords

Law

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
124
Top 10%
Top 1%
Top 10%
bronze