államgyakorlási

Államgyakorlási refers to the concept of state practice in international law. It is a fundamental element used to establish customary international law, which is one of the primary sources of international law alongside treaties. State practice encompasses the actual behavior of states, including their actions, omissions, statements, and legislation. For an act to be considered state practice, it must be consistent, widespread, and generally followed by states.

The actions of state organs such as the executive, legislature, and judiciary are all considered relevant to state practice. This includes diplomatic correspondence, policy statements, legislative enactments, judicial decisions, and even conduct in international organizations. The practice must be sufficiently extensive and representative to indicate a general acceptance by states. It is not necessary for every single state to engage in the practice, but a significant proportion of states, particularly those with a particular interest in the matter, should be involved.

Furthermore, state practice must be accompanied by the belief that such practice is legally required or permitted under international law. This subjective element is known as *opinio juris sive necessitatis*. Without *opinio juris*, a consistent pattern of behavior might be seen as mere comity or political expediency rather than a binding legal norm. The interplay between consistent state practice and the belief in its legal necessity is crucial for the formation of customary international law.