Question

Statement 1: Opinio juris prevents unwanted general practice from becoming customary law.
Statement 2: Opinio juris is the belief that an action was carried out as a legal obligation.
Choose the correct option:

• A. Both statements are correct.
• B. Both statements are incorrect.
• C. Statement 1 is correct but Statement 2 is not correct.
• D. Statement 2 is correct but Statement 1 is not correct.

Hint:

Opinio juris is the belief in legal obligation that distinguishes binding customary law from mere habitual practice.

Answer 1

The Correct Option is A

Opinio juris, a cornerstone of customary international law, signifies a state's conviction that a particular practice is undertaken due to a sense of legal obligation, rather than mere habit or expediency. This conviction differentiates legally binding customs from general practices, thereby precluding casual or unsolicited practices from being recognized as law.
Statement 1 is accurate as opinio juris mandates that only practices executed with a perception of legal duty can evolve into customary law.
Statement 2 accurately defines opinio juris as the belief that an action is performed due to its legal indispensability.
Consequently, both statements are accurate.