Subjective element, as an essential and inseparable component of the formation of customary international law rules-besides the objective element (practice)-has always been one of the most controversial debates in the international law arena. In spite of the fact that the theoretical contentions about this topic have progressed densely and different schools have followed their own approaches, however, it seems that the dominant doctrine, by relying on the international judicial practice, has successfully clarified it. Explanation of the subjective element concept and its necessity in the process of the formation of the rule, alongside the analysis of its nature has always been an important part of the debates over the customary international law.                    
  

Keywords: Subjective element, Customary rule, Opinio Juris sive necessitates, Customary international law, Tacit consent

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