C. Customary law

(b) Customary international law

3. Rules of customary international law

A. General principles of international law and rules of customary law

The Namibian law does not require the registration of customary marriages.

Its status is different from that under common law.

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

Local courts are primarily authorized to apply and enforce customary law.

Currently, research is being undertaken on Customary Law and the findings will be helpful in the process of improving the law.

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).

Moreover, customary law denies justice to women.

This is because the rule treats husbands and wives differently.

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

Taught international law, comparative law, international business transactions and customary law.

The Convention codifies and elaborates generally recognized principles of customary international law.

Noting with concern that in some States multiple legal systems coexist and that rights conferred under civil law may be undercut by their absence in customary law when customary law is given equal status, For the discussion, see chap. IV.

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

States are invited to inform the Group of Governmental Experts whether treaty or customary law provide the basis for their obligations, and in the case of the former, which relevant treaty or article.

The Government is currently also giving attention to sex discrimination under Customary Law.

This Act broadens applicable law to benefit and streamline inheritance rights of spouses under common and customary law.

The general view is that this conventional law has become part of customary law.

Careful consideration would have to be given to which set of general principles of law would inform the draft articles and the role of customary law in each field.

17. In addition to the obligations arising from conventional international law, the Sudan is also bound to respect the standards of international customary law.

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.

A customary land grant entitles applicants user rights as opposed to property rights.

27. The destruction of property in times of armed conflict is also restricted by customary international law.

There was, however, a great deal of resistance so that civil law rivaled customary law for much of the late Middle Ages.

In practice, civil rights in the Niger are based essentially on customary law, Islamic law and, to a lesser degree, the Civil Code.

The Nordic countries therefore welcomed the thought being given to the role of customary law and general legal principles.

The status of that doctrine in relation to diplomatic protection was at best inconclusive in customary law.

In Georgia, customary law provides that the majority of the family property will be inherited by the sons.

However, customary law was part of the way of life in Zambia and not codified.

The concept of trust a concept of English Common Law which is fundamental in its fiduciary nature is one that reflects the mission of the League of Nations and later the United Nations in so far as certain Territories were concerned.

In allocating land, the Land Board may issue a certificate of customary land grant or a common law lease.

(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.

The fact that many of its rules have already become customary international law is evidence thereof.

6. The Belize Maritime Areas Act asserts no jurisdiction that is inconsistent with customary and conventional international law.

60. His delegation believed that customary law was vague and subject to debate, and should not be applied within the framework of international criminal law.

The significance of rules of customary international law and general principles of law in this process is in the fact that they perform a systemic or constitutional function in describing the operation of the international legal order.

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.

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