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7 Self-confirmation

From: The Discourse on Customary International Law

Jean d'Aspremont

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 17 April 2024

Customary international law — Opinio juris

This chapter talks about the move into self-confirmation as one of the most central discursive performances witnessed in arguments about customary international law. It explains that self-confirmation refers to the fact that testing the customary character of a rule entails an identity-check whereby the 'outside' world is interrogated according to a predetermined standard. It also mentions ascertaining practice and opinio juris amounts to a process of verifying a pre-existing representation of practice and opinio juris that is postulated by the rule whose customary status is being tested, demonstrated, or contested. The chapter considers self-confirmation as a common feature of modern thinking. It elaborates on the concrete implications of the self-confirmation at the heart of any argument about the customary status of international legal rules.

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