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 is a fundamental element of customary international law. It represents the belief held by states that a certain practice is carried out of a sense of legal obligation, not merely out of habit or convenience. This belief helps distinguish legally binding customs from mere general practices, preventing unwanted or casual practices from being recognized as law.
Statement 1 is correct because opinio juris ensures only those practices carried out with a sense of legal duty become customary law.
Statement 2 correctly defines opinio juris as the belief that an action is performed because it is legally obligatory.
Therefore, both statements are correct.