...treaty rule cannot be taken as compelled by a universally binding rule unless two conditions are met. Not only must the acts concerned amount to a settled...the existence of a rule of law requiring it. ... The frequency, or even habitual character of the acts is not in itself enough. There are many international...

...such action or other States in a position to react to it, must have behaved so that their conduct is "evidence of a belief that this practice is rendered...by the existence of a rule of law requiring it. The need for such a belief, ie, the existence of a subjective element, is implicit in the very notion of...

...aggregate, suffice in themselves to constitute the opinio juris; — for, in order to achieve this result, two conditions must be fulfilled. Not only must the...by the existence of a rule of law requiring it. The need for such a belief, ie, the existence of a subjective element, is implicit in the very notion of...

...aggregate, suffice in themselves to constitute the opinio juris; - for, in order to achieve this result, two conditions must be fulfilled. Not only must the...by the existence of a rule of law requiring it. The need for such a belief, ie, the existence of a subjective element, is implicit in the very notion of...

...whole, such acts would not be enough to constitute an opinio juris. In order to achieve this result, two conditions must be fulfilled. "Not only must the...by the existence of a rule of law requiring it. The need for such a belief, ie, the existence of a subjective element, is implicit in the very notion of...

...sufficient to refer to the Court's observation in the North Sea Continental Shelf Cases in these words: "Not only must the acts concerned amount to a settled...obligatory by the existence of a rule of law requiring it".4 The third source of law which the Court is required to apply in appropriate cases is the one...

...practice in accordance with the terms of the treaty, and of opinio juris or a conviction that such practice is rendered obligatory by the existence of a rule of law requiring it. Far from discarding these traditional requirements, and establishing, as D'Amato says "a short cut...

...Court of Justice in its judgment in the North Sea Continental Shelf cases. In the Court's opinion, "not only must the acts concerned amount to a settled...by the existence of a rule of law requiring it. The need for such a belief, ie, the existence of a subjective element, is implicit in the very notion of...

...been invoked in the State practice of non-parties to the treaty, but the invocation must have been in such a way "as to be evidence of a belief that...obligatory by the existence of a rule of law requiring it 461". In the case of the international human rights instruments, there is little doubt that they contain...

...judgment of 20 February 1969 (North Sea Continental Shelf Cases], ICJ Reports, 1969, p. 44, para. 77 ("a belief that this practice is rendered obligatory by the existence of a rule of law should or may be followed by rights because it satisfies a conception of legal propriety held by the...