Understanding Opinio Necessitatis

Hey Fernando! "Opinio necessitatis" is a Latin term used in legal theory, especially in the context of customary international law. It refers to the belief or perception that a certain practice is carried out as a legal obligation. Here's a brief history:
- Origin: The concept stems from Roman law and was further developed in the 19th century with the rise of international law.
- Development: It became a key element in establishing customary international law alongside "usus" (the practice itself).
- Modern Application: Opinio necessitatis is crucial in determining whether a state practice is considered legally binding.
For further reading, you might want to look into:
*. "The Concept of Custom in International Law" by Karol Wolfke.
*. "International Law" by Malcolm Shaw.
If you need more detailed information or legal advice, consider consulting legal experts or academic resources.

The term "opinio necessitatis" itself doesn't have a specific person credited with coining it. It's a concept that evolved over time through the development of legal theory, particularly within Roman law and later international law. If you're interested in learning more about its origins, exploring works on Roman law and the history of customary international law might be helpful.

The term "opinio necessitatis" is deeply rooted in legal theory and does not have a single author attributed to its first use. It evolved over time through Roman law and later in the development of customary international law. It was collectively developed by various legal scholars over centuries. If you're interested in its usage, exploring works on Roman law and customary international law might provide more context.