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Andreas Wagner deposited Opinio Juris and Theorizing Law on Humanities Commons 8 years, 11 months ago
This work-in-progress article (from 2012) discusses various contributions to the theory of opinio iuris in international customary law. The tension between the two moments of subjective approval of the respective norm on the one hand and the obligatory force beyond the disposal of the obliged subject is found to be recurring throughout the history of customary law.