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Max Planck Encyclopedia of Public International Law [MPEPIL]

State Practice

Sir Michael Wood, Omri Sender

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 25 June 2021

Customary international law — Codification — Opinio juris — State practice

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1The practice of States plays a number of important roles in international law. This entry, however, is chiefly concerned with State practice as constituent element of customary international law, one of the principal sources of international law. State practice is creative, or expressive, of rules of customary international law, but only in so far as it is undertaken with the conviction that a legal right or obligation is involved (acceptance as law, or opinio iuris). A rigid distinction between State practice and opinio iuris as the two constituent elements of...
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