C. Customary law

The second main approach involves Ethnobotany, the study of the general use of plants in society, and ethnopharmacology, an area inside ethnobotany, which is focused specifically on medicinal uses.

Human Rights and Customary Law

(b) Customary international law

However there are no set requirements for a custom marriage in order for it to be valid.

Affirming that the rules of customary international law continue to govern matters not regulated by the provisions of the present Convention,

The present articles are without prejudice to any obligation incurred by States under relevant treaties or rules of customary international law.

There is also the question of the relation of such instruments to the principles of customary law.

Most Afghans, especially in rural areas, rely on traditional justice mechanisms, although customary law is not part of the formal legal system.

During the common law marriage, women keep their marital status to that of single and for this reason they are not forced to the name of her male counterpart nor does she have to live in his home.

In accordance with the customary law, marriage is used as a means to structure reproduction and land possession.

Project to examine indigenous customary law in Morocco

Moreover, customary law denies justice to women.

In Afghanistan, there are three principal legal references constitutional law, the Koran, and the system of customary law known asFarhang, the most dominant and strictest version of which is calledPashtunwali (the way of the Pashtuns).

The chiefs argued that customary law give them the right to make a woman return to her husband.

Evidence showed that persons knowingly enter into common law relationships by choice and as a result do not wish to be submitted to the marital regime and the obligations that flow from it.

The customary nature of a norm set forth in a treaty provision does not in itself constitute an obstacle to the formulation of a reservation to that provision.

Indeed, some of that legislation dated back almost 150 years and still allowed for the application of customary law.

Customary law is not rigid in that it is made to fit round the demands of global economy.

If customary discrimination persisted, she hoped that it would be taken seriously.

If there is conflict between customary law and the Constitution, which law should prevail?

It is prohibited to use mines other than anti personnel mines outside the borders of the State which possesses them.

The following Member States submitted replies to question 7 Finland, Portugal, Rwanda, Turkey and Ukraine.

The International Court of Justice has stated that the clause itself forms part of customary international law.

In rural areas in particular, customary law and traditional justice mechanisms remain dominant as citizens do not yet have access to State justice institutions.

Nevertheless, every citizen may, prior to entering into marriage, opt for a civil or a customary wedding with his or her spouse.

Several of these provisions are found in earlier treaties and most reflect customary law in this area.

(c) That the rule contained in a particular treaty be required to possess the status of customary international law.

For example, in some regions customary law denies women the right to access land.

It was stressed that the draft articles should remain limited to the codification of customary international law and should depart from or add to the customary regime only in the presence of grounds arising from considerations of public order supported by a broad consensus among States.

His delegation had no objection to that view. While the draft Convention did not cover the issue, it was without prejudice to the immunities that States enjoyed in criminal proceedings under customary international law.

Noting that customary law and case law provided the basis on which courts ruled on the sharing of marital property, she would appreciate the delegation explaining its customary law and indicating any trends in case law.

It was noted that this clearly reflected existing customary international law and was consistent with case law.

It cannot be denied that significant portions of the Convention now form part of the corpus of customary international law.

They also pointed to the failure of current legislation in States in the subregion to take account of customary law and the somewhat imprecise time frames applied in the papers (pre colonial, colonial and post colonial).

Despite the common norms being used currently, most recently there have been situations that are far from being compatible with customary law.

Under sharia law and customary law women did not have the same rights as men with regard to divorce or inheritance.

Considering that the jurisdictional immunities of States and their property are generally accepted as a principle of customary international law,

In order to better understand the origin of the problem of practical application of written law, it is necessary to know what the customary law says on the subject matter.

Calls upon States to respect and to ensure respect for relevant international humanitarian law instruments and customary international law

35, 1977 Add. Protocol I Rule 45, ICRC Customary Law Study .

35, 1977 Add. Protocol I Rule 70, ICRC Customary Law Study .

Customary law was still applicable by virtue of the Law of England Application Act, but the Constitution took precedence over any other legislation.

Over 90 per cent of women were governed by either customary law or sharia law, both of which permitted polygamy.

This sense of customary obligation is why so many of President Hamid Karzai s cronies remain in place and Taliban leaders remain safe.