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KHOSROW MINUCHER v. CA

This case has been cited 1 times or more.

2007-10-09
AUSTRIA-MARTINEZ, J.
Once the existence of state practice has been established, it becomes necessary to determine why states behave the way they do. Do states behave the way they do because they consider it obligatory to behave thus or do they do it only as a matter of courtesy? Opinio juris, or the belief that a certain form of behavior is obligatory, is what makes practice an international rule. Without it, practice is not law.[22] (Underscoring and Emphasis supplied) Clearly, customary international law is deemed incorporated into our domestic system.[23]