Понятие за субективен елемент на обичайната норма на международното право
THE NOTION OF SUBJECTIVE ELEMENT OF THE CUSTOMARY RULE IN INTERNATIONAL LAW

Summary/Abstract: There are two types of international law rules: conventional and customary. The customary rules are unwritten, which is their main specifics. This is why the customary international law rule takes only the form of state practice. The customary international law rule features two elements: an objective one and a subjective one. The objective element is the practice of states regarding a particular matter of the relations among themselves. The subjective element is the conviction of states that this practice is obligatory – the states ought to decide the matter in conformity with the manner prescribed by this practice. Thus the subjective element transforms the state practice into a rule of law – only it is a conduct which has obligatory nature. And this rule of law is customary – it is unwritten and its only expression is practice. Due to its legal nature as a conviction for obligatory character of the state practice, the subjective element of the customary rule in the international law theory is indicated by the term opinio juris (opinion of law).

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