In crime: Africa …by what was called “customary law.” Whereas general law now applies to the entire country, customary law, which originated in the customs and cultures of the indigenous peoples, still varies by area or district. Customary law is enforced in separate courts in which the judges are politically appointed tribal… Read More
Germanic law
In German Civil Code …some extent by feudal law, customary law again came under Roman influence in the 15th century, when Roman law was received into Germany in an effort to systematize customs and legal institutions. In some areas it superseded custom, particularly when there was no conflict between the two; in others, Roman… Read More
international law
In international law: International law and municipal law Although the incorporationist view regards customary law as part of the law of the land and presumes that municipal laws should not be inconsistent with international law, municipal laws take precedence over international law in cases of conflict. Those common-law countries that have adopted a written constitution generally have taken… Read More
In international law: Custom The ICJ’s statute refers to “international custom, as evidence of a general practice accepted as law,” as a second source of international law. Custom, whose importance reflects the decentralized nature of the international system, involves two fundamental elements: the actual practice of states and… Read More
regulation of blockade
In blockade: International law regarding blockades ” Under the customary law they are liable to capture during any part of the outward or return voyage. By Article 19 the doctrine of continuous voyage was declared inapplicable to blockade. Although the declaration had not been ratified by any state, it was, subject to some additions… Read More
warfare
In law of war: Law by custom The laws of war are to be found not only in treaties entered into by states but also in customary international law, which is found in the actual practice of states and in the belief (called opinio juris: “opinion of the law”)… Read More
