Relevant bibliographies by topics / Customary law courts

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Customary law courts'

Author: Grafiati
Published: 4 June 2021
Last updated: 28 July 2024

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Journal articles on the topic "Customary law courts"

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Rautenbach, Christa. "Case Law as an Authoritative Source of Customary Law: Piecemeal Recording of (Living) Customary Law?" Potchefstroom Electronic Law Journal 22 (December 12, 2019): 1–20. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a7591.

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This contribution deals with the question of whether a judgment from a mainstream court dealing with customary law can be regarded as authority and thus as a recording of a customary rule or rules. When a mainstream court develops customary law to promote constitutional values or strikes customary law down for want of constitutionality, it creates new rules which are written down but which can easily be changed when society brings it to court and convinces the court that the rule needs to be changed. It is my contention that case law is a binding source of law, including customary law, which must be followed until such time that it is either absorbed into legislation or amended by a subsequent decision in terms of the principle of stare decisis. It gives us some measure of assurance as to the law to be followed. The high number of customary law disputes taken to a court of law is confirmation that traditional communities are embracing the power of the courts to settle their disputes. The judgments of these courts inevitably become the origins of customary rules that they develop and can thus be regarded as piecemeal recording of (living) customary law.
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Rautenbach, Christa. "Oral Law in Litigation in South Africa: An Evidential Nightmare?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (October 30, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a3268.

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In the past, customary law has been applied rather haphazardly in the courts. Its inherent adaptive flexibility and indeterminate nature created confusion in a court system ill-equipped to deal with litigation dealing with customary law issues. Understandably, customary law was treated in the same way as a common-law custom, which also originates in a community's acceptance of certain standards of behaviour. This meant that anyone averring a rule of customary law had to prove it, except where the rule was contained in a statute or precedent. The courts were not keen to engage in law-making and where the ascertainment of customary law proved to be difficult, they would merely apply the common law. In 1998, the Law of Evidence Amendment Act 45 of 1988, which allows the judiciary to take judicial notice of readily accessible customary law, made fundamental changes to this situation. The Act is still in operation, although it must now be interpreted in the light of the Constitution of the Republic of South Africa, 1996 (the Constitution). No direction on how this must be done can be found in the wording of the constitutional provisions dealing with the customary law. Besides instructing the courts to apply customary law when "applicable, subject to the Constitution and any legislation that specifically deals with customary law", the Constitution is silent on the way forward. Given the fact that most of the judiciary does not have any knowledge of the content of living customary law and the fact that there are fundamental differences between the evidentiary rules applied in the common and customary laws of South Africa, a few problems are bound to surface when litigating issues involving the customary law. They include: the status of customary law in the South African legal system; the applicability of customary law; and especially the determination of living customary law. The aim of this analysis is to determine if the existing evidentiary rules are appropriate to deal with these challenges in litigating matters involving customary law in the ordinary courts.
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Coutsoudis, Andreas. "Customary international law is law in South Africa — Now what? Analysing the courts’ identification and application of customary international law over the last decade." South African Law Journal 140, no. 1 (2023): 53–94. http://dx.doi.org/10.47348/salj/v140/i1a4.

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Customary international law is law in South Africa as much as property law, company law or contract law. It may not be as frequently relevant or applicable as many parts of domestic law. Courts and domestic legal practitioners may not be as familiar with its contours, nuances and methods of identification. But it is precisely for these reasons that it matters more, not less, how courts, legal practitioners and the parties they represent approach it. This article describes and analyses South African courts’ engagement with customary international law, particularly over the last decade. The analysis reveals that important issues of customary international law are determined and applied by South African courts. Thus, customary international law cannot be avoided; nor should it be. However, the analysis also reveals that the courts’ engagement with customary international law would benefit from a more reflective, rigorous and considered approach. Building on the analysis and description of South African courts’ past identification and application of customary international law, the article offers suggestions for how the road ahead ought to be navigated. It is past time for South African courts to give proper consideration as to how, both procedurally and substantively, they and the parties before them ought to approach the identification of customary international law. For customary international law is not some exotic and indeterminate set of rules emanating from another legal system. It is part of South African law. The sooner it is fully treated as such, the better it will be for courts, practitioners, litigants, and international law more generally.
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Heirbaut, D. "Who were the makers of customary law in medieval Europe? Some answers based on sources about the spokesmen of Flemish feudal courts." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 75, no. 3 (2007): 257–74. http://dx.doi.org/10.1163/157181907783054923.

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AbstractDue to a lack of sources, the makers of customary law in the middle ages are largely unknown to us. However, a unique source, the Lois des pers du castel de Lille, makes it possible to identify the spokesmen of customary law courts, who were the intellectual authors of these courts' judgements and, thus, the main creators of customary law. An analysis of their careers shows that they were legal advisers, lords and/or bailiffs and members or spokesmen of other courts. In short, they were their community's legal experts. They had learned their trade by doing and can be considered to have been semi-professionals. Certain spokesmen were more successful than others and served as a court's main spokesman, but it is hard to determine why someone became the main spokesman or spokesman at all, though knights had more 'natural' authority for acting as spokesman than others. In fact, although the spokesmen formed a community of legal experts in their area, two subgroups (the knights and the others) can be distinguished. The case studied in this article concerns the spokesmen of a Flemish castellany court around 1300, but spokesmen can be found in Flanders already in 1122 and they were common in North-western Europe. Therefore, this article concludes with a call for further research about these key figures of medieval customary law.
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Walton, Beatrice A. "Nevsun Resources Ltd. v. Araya." American Journal of International Law 115, no. 1 (January 2021): 107–14. http://dx.doi.org/10.1017/ajil.2020.103.

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In Nevsun Resources Ltd. v. Araya, the Supreme Court of Canada declined to dismiss a series of customary international law claims brought by Eritrean refugees against a Canadian mining corporation for grave human rights abuses committed in Eritrea. In doing so, the Supreme Court opened the possibility of a novel front for transnational human rights litigation: common law tort claims based on customary international law. Under the doctrine of adoption, customary international law is directly incorporated into the Canadian common law. However, Canadian courts have not yet upheld a private right of action for violations of customary international law. Writing for a divided court (5–4), Justice Abella allowed the plaintiffs’ claims to proceed, finding that it is not “plain and obvious” that the plaintiffs’ customary international law claims are bound to fail under either Canada's burgeoning “transnational” or “foreign relations” law, or international law itself. In reaching this conclusion, she offered a unique and overdue reflection on the role of national courts in identifying, adopting, and developing custom. A larger majority of the court (7–2) also rejected outright the application of the act of state doctrine in Canada, tracking several common law systems in limiting the doctrine in favor of human rights litigants.
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Syihab, Mahdi Abdullah. "Crime Settlement of Khalwat in Aceh." SASI 28, no. 4 (December 30, 2022): 578. http://dx.doi.org/10.47268/sasi.v28i4.1065.

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Introduction: Khalwat (Seclusion) is a despicable act that violates Islamic law because it leads to adultery. However, Qanun No. 6 of 2014 concerning Jinayat Law stipulates that the settlement of khalwat must go first through the Customary Court so that the punishment applied is not Islamic law punishment, such as ta`zir, but customary punishment.Purposes of the Research: This study aims to analyze the mechanism for resolving the crime of seclusion in Aceh.Methods of the Research: This is normative/doctrinal research using a statutory approach and a comparative approach.Results of the Research: Khalwat is a crime (jarimah) that violates Islamic law and it is categorized into jarimah ta`zir. Settlement of jarimah seclusion can be carried out by litigation through the Syar'iyah Court and the settlement goes to customary courts. However, Article 24 of Qanun Number 6 of 2014 concerning Jinayat Law, stipulates that the settlement of criminal acts of seclusion must first be through customary courts. The settlement mechanism for khalwat is first resolved through customary courts using a deliberation-consensus approach like village meetings, it is usually called Gampong Customary Meetings (RAG) by executing customary punishments such as penalties of paying fines, feasting, bathing, and the khalwat couple is forced to get married. The consideration of implementing customary punishment is to solve the case more effectively and efficiently and in return can raise the level of trust and community compliance.
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Ntlama, Nomthandazo, and Dazo Ntlama. "The Constitutional Divide of Postapartheid South Africa in the Jurisdiction of the Traditional Justice System." Southern African Public Law 29, no. 2 (December 18, 2017): 282–93. http://dx.doi.org/10.25159/2522-6800/3641.

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The exclusive jurisdiction of the traditional justice system – which in effect is based on racial classification – has been the subject of debate in South Africa since the attainment of democracy in 1994. The debate is drawn from the Constitution, which recognises the general system of customary law, and limits its application to the people who observe it. The debate is further fuelled by the non-explicit recognition of the customary court system within the judicial structure of the Republic. These courts are inferred from the concept of ‘any other courts’ in the Constitution. The inference of customary courts from ‘any other courts’, compromises the legitimate status of these courts in the resolution of disputes that arise from the system of customary law – in line with the ideals of the new constitutional dispensation. This considered, this article critically reviews the constitutional status of the customary court system in South Africa. The objective is to examine the effect of its exclusive jurisdiction in the application of the principles of traditional justice. It is also limited to the review of South Africa’s constitutional perspective on the protection of customary law relating to the advancement of the traditional justice system. It is argued, therefore, that the exclusive jurisdiction of the traditional justice system is a direct racial classification under the guise of the foundational values of the new democratic dispensation. Equally, the status given to customary courts – which is inferred from the concepts of ‘any other’ – constitutes a manifestation of the historic divide that compromises the legitimacy of these courts in the application of traditional justice. The extent, to which the exclusive jurisdiction can move towards a system that inclusively reflects the values of the new democratic dispensation, is also reviewed in general.
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Chigara, Benedict Abrahamson. "The Administration of International Law in National Courts and the Legitimacy of International Law." International Criminal Law Review 17, no. 5 (October 15, 2017): 909–34. http://dx.doi.org/10.1163/15718123-01705004.

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Increasingly, national courts find themselves called upon to determine matters where un lex specialis; regional supranational law; customary international law and domestic law all appear relevant. Lower court judges may be challenged significantly because such matters often lie beyond their day-to-day practice of interpreting and applying national law to local legal issues. This article recommends that to ensure both justice and legitimacy of international law, national courts − especially lower courts, should a priori consider whether the matters before them would be best served by appointing an expert academician ‘friend of the court’ to illuminate the contested applicable international law.
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Pienaar, Gerrit. "The Methodology Used to Interpret Customary Land Tenure." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 3 (May 29, 2017): 152. http://dx.doi.org/10.17159/1727-3781/2012/v15i3a2506.

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Customary land tenure is normally not based on codified or statutory sources, but stems from customary traditions and norms. When westernised courts have to interpret and adjudicate these customary traditions and norms, the normal rules of statutory interpretation cannot be followed. The court has to rely on evidence of the traditional values of land use to determine the rules connected to land tenure. Previously courts in many mixed jurisdictions relied on common or civil law legal principles to determine the nature of customary land tenure and lay down the principles to adjudicate customary land disputes among traditional communities, or between traditional and westernised communities in the same jurisdiction. Many examples of such westernised approach can be found in case law of Canada and South Africa. The interpretation of the nature of customary land tenure according to common law or civil law principles has been increasingly rejected by higher courts in South Africa and Canada, e.g. in Alexkor Ltd v The Richtersveld Community 2004 5 SA 469 (CC) and Delgamuukw v British Columbia 1997 3 SCR 1010. This paper explores the methodology the courts should follow to determine what the distinctive nature of customary land tenure is. As customary land tenure is not codified or based on legislation, the court has to rely, in addition to the evidence of indigenous peoples, on the expert evidence of anthropologists and sociologists in determining the nature of aboriginal title (in Canada) and indigenous land tenure (in South Africa). The court must approach the rules of evidence and interpret the evidence with a consciousness of the special nature of aboriginal claims and the evidentiary difficulties in proving a right which originates in times where there were no written records of the practices, customs and traditions engaged in. The court must not undervalue the evidence presented simply because that evidence does not conform precisely with the evidentiary standards that would be applied in, for example, a private law tort case.
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Enabulele, Amos O., and Bright Bazuaye. "Validity and Enforceability of Customary Law in Nigeria: Towards a Correct Delimitation of the Province of the Courts." Journal of African Law 63, no. 1 (January 15, 2019): 79–104. http://dx.doi.org/10.1017/s002185531800030x.

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AbstractWith a view to showing that courts do not have the power to validate native law and custom, this article highlights the different roles assigned to the assent of the people governed by native law and custom, and to the court called upon to determine its judicial enforceability. It argues that customary law is validated by the assent of the people and not by courts, and that the tests contained in different statutes by which courts are permitted to intervene in the regime of customary law are tests of enforceability and not tests of validity. As a result, it argues that the term “validity test” is misleading when used in relation to the power of courts to determine the enforceability of native law and custom, and should therefore be discarded.
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Dissertations / Theses on the topic "Customary law courts"

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Mqeke, Bangilizwe Richman. "Traditional and modern law of procedure and evidence in the chief's courts of the Ciskei." Thesis, Rhodes University, 1986. http://hdl.handle.net/10962/d1003202.

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In this thesis it is intended to show, among other things, the evolution of the Ciskeian traditional African Court practice and procedure from the time of the advent of white rule up to the present day. In chapter two we show the manner in which the various Cape Governors tried to suppress the traditional court system and law by superimposing western type law and norms (repugnancy clause) on the unwilling African population. The case law discussed in chapter 3 clearly shows the problems that arose and which to a large extent, still arise in the application of the Chiefs' Civil Courts Rules. Non-compliance with these rules reveals the need both for the training of the personnel of these courts and reform of the rules governing the Chief's courts. The areas that need urgent attention have been identified and the necessary recommendations have been made.
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JOSIPOVIC, Ivona. "The International Criminal Tribunal for the Former Yugoslavia's approach to customary law : the case-study of the Mens Rea of imputed command responsibility." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/9971.

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Kirby, Coel Thomas. "Exorcising Matovu's ghost : legal positivism, pluralism and ideology in Uganda's appellate courts." Thesis, McGill University, 2008. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=112605.

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In 1966, the High Court of Uganda legitimised the new nation's first coup d'etat. After two decades of civil war, Ugandans enacted their first popular constitution in 1995. However, the judiciary's dominant positivist ideology, Matovu's ghost, still haunts the new legal order. The author sets out this ideology's presumptions and then critiques them against an alternative, pluralist map of laws in Uganda.
The constructive analysis of recent case law (or lack thereof) that follows shows how this ideology undermines the constitution's promises of equality and freedom. This pluralist methodology is also essential to explain contemporary crises like the Lord's Resistance Army, arms proliferation in Karamoja and Museveni's "no-party" rule. In conclusion, exorcising Matovu's ghost is a priority for Ugandans and the process deserves considered thought for legal scholars advocating the "rule of law" or interventions by the International Criminal Court.
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Popkins, Gareth. "The Russian peasant volost court and customary law 1861-1917." Thesis, University of Oxford, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.320934.

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Aladetola, Opeyemi. "Analysis of the Nigerian Supreme Court's constitutional duty regarding women's inheritance right under customary law." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/24935.

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Customary law existed before the enactment of formal laws to govern the affairs of Nigerians. It started as behavioural norms that grew to be widely accepted by the community and became law. Inheritance rights are recognised under Nigerian customary law. Most customs provided for a way in which a person's properties could be distributed upon his death. However, most of these customs did not make provision for women in the distribution of a deceased estate. This disparity between the inheritance right of a man and woman was very prominent in the distribution of landed properties. Upon the demise of a man, his estate becomes family property and his eldest male child inherits it on behalf of other male members of the family. Where the deceased dies without a son, his brother inherits the estate. Notably, the Constitution did not abolish laws that existed prior to its enactment. It provides that these laws shall continue to exist subject to its provisions, the Constitution provides for its supremacy over every other law, and that the court has a duty to invalidate any law that is inconsistent with its provisions. The Court found the opportunity to alter the unfair discriminatory position against Nigerian women and develop customary law in line with Constitution in the case of Anekwe v Nwekwe. Here, the defendant (brother of the deceased) sought to evict the plaintiff (widow of the deceased and her female children) from the property of the deceased because she had no male child. He claimed that based on their customary law female children are excluded from inheriting property. The Supreme Court then invalidated this customary law of male primogeniture for being repugnant to natural justice, equity and good conscience. Although the decision of the court solved the problem of discrimination, it failed to develop customary law by invalidating only the discriminatory aspect of the customary law. Lessons can therefore be drawn from the minority decision of the South African Constitutional Court in the case of Bhe v Magistrate of Khaylistha, where recourse to developing the customary law was posited. This study will examine to what extent the court has applied customary law to bring it to conformity with the Constitution, drawing from other African countries especially South Africa. It utilises literature review and case law analysis, arguing that the court needs to review the Anekwe v Nwekwe case and make a more declarative position that brings customary law up to date with modern realities. It will recommend that the courts should in consultation with the people develop the customary law of inheritance.
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Rogers, Nanette. "Aboriginal law and sentencing in the Northern Territory Supreme Court at Alice Springs 1986-1995." Connect to full text, 1998. http://hdl.handle.net/2123/1142.

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Gebremeskel, Wintana Kidane. "Sitting head of state immunity for crimes under international law : conflicting obligations of ICC member states?" University of the Western Cape, 2016. http://hdl.handle.net/11394/5515.

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Magister Legum - LLM
Sitting head of state immunity for crimes under international law has been a very controversial issue in recent times. On the one hand, the debate bears that personal immunity has been renounced for crimes under international law. On the other hand, the advocates of personal immunity claim that the principle of immunity is still persisting under customary International law. Although the International Criminal Court (ICC) is a treaty based court, it is able to extend its jurisdiction to non-state parties to the Rome Statute through a referral by the United Nations Security Council. Lacking its own enforcement body the ICC relies on the cooperation of other states for arrest and surrender of those it indicts. The extension of the court's jurisdiction to non-state parties, such as the case of Sudanese President Omar Al Bashir, has led to the reluctance of state parties to the Rome Statue to effect arrest and surrender citing a 'dilemma between two conflicting obligations'. This paper analyses the legal status of personal immunity before different fora such as International tribunals, foreign domestic courts and under customary international law. It also critically examines the legal basis for the alleged conflicting obligations of state parties. The paper at the end concludes that there is no conflicting obligation for states parties to fully co-operate with the ICC and the lack of co-operation in the arrest and surrender of a sitting head of state is inconsistent with international law particularly with United Nation Charter and the Rome Statute.
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Folami, Lati. "Lived Experience of Customer Servicing Among Court Personnel/Leaders in the Lagos State Judiciary." Thesis, University of Phoenix, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=3583285.

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Poor and inadequate customer service is prevalent in the public sector of emerging economies. Also, limited leadership roles are ascribed to frontline employees in the sector. Improving customer service and empowering frontline employees could increase organizational effectiveness. The goal of this qualitative phenomenological study was to explore the problem of inadequate customer-service delivery skills and limited leadership roles for court personnel in the Lagos State Judiciary, Nigeria. The research was guided by two research questions: In what ways could the servicing experience of customers by court personnel/leaders in the Lagos State Judiciary be improved upon? and What are the lived experiences of leaders and customers in the Lagos State Judiciary System? The study participants’ were 25 court users of the Lagos State Judiciary. The data were subjected to analysis using the 4 step modified Van Kamm method by Moustakas to identify themes through exhaustive data coding and data distillation The 14 interview questions resulted in the emergence of 34 primary themes. Five overall themes emerged from thematic clusters and they were capacity building, attitude of court officials, policy changes, interaction with stakeholders and leadership training. The findings showed strong similarities between the participants’ lived experiences and experiences presented in relevant literature. The implication was that the management (leaders) of the Judiciary might benefit from this study by adopting the Folami Model for Improving Customer Servicing in the Lagos State Judiciary (FMICS – LSJ) to achieve customer service improvements. Researchers may wish in the future to explore the twin concepts of customer service and leadership styles in other contexts further to add further insight to existing literature.

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Pilane, Sidney. "Recidivism and Prison Overcrowding due to Denial of Legal Representation in Botswana." ScholarWorks, 2019. https://scholarworks.waldenu.edu/dissertations/6474.

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Botswana has been experiencing high rates of recidivism and prison overcrowding, but the causes of these problems have not been explored. Thus, this qualitative study was conducted to investigate whether the denial of legal representation to criminal defendants tried in the customary courts is one of the causes of high rates of recidivism, prison overcrowding, or both. The main research question addressed a possible relationship between these factors and the denial of legal representation, and the study was guided by the punctuated equilibrium theory and the policy feedback theory. Data were collected through semi structured interviews with 10 released first offender prison inmates, 10 released recidivist prison inmates, and 10 professional participants from disciplines in the criminal justice system in addition to reviewing statistics and scholarly research. Data were analyzed through detailed description, categorical aggregation, direct interpretation, which led to naturalistic generalizations and patterns. The results indicated that the denial of legal representation to criminal defendants tried by customary courts appeared to contribute to both recidivism and prison overcrowding, which may undermine public safety and security. The implications of the study for positive social change include informing policy-makers of the need to reform the policy on legal representation to ensure that criminal defendants tried in the customary courts receive fair trials. The additional implications for positive social change include impacting rates of recidivism and prison overcrowding and enhancing community safety and security.
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Lando, Massimo Fabio. "Consistency in the international law of maritime delimitation : towards a set of common principles for the judicial establishment of maritime boundaries." Thesis, University of Cambridge, 2017. https://www.repository.cam.ac.uk/handle/1810/273171.

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This thesis examines the process applied by international tribunals for delimiting Exclusive Economic Zone (EEZ) and continental shelf boundaries under international law. Maritime delimitation is governed by articles 74 and 83 of the 1982 UN Convention on the Law of the Sea (UNCLOS), which are customary international law. However, owing to the vagueness of such legal provisions, international tribunals have been developing a standard process for delimiting maritime boundaries. The delimitation process has evolved significantly since the 1969 judgment of the International Court of Justice (ICJ) in North Sea Continental Shelf. The ICJ re-stated this process in its 2009 Black Sea judgment as being constituted of three stages: first, an equidistance line is provisionally drawn; second, this line is adjusted should relevant circumstances so require; third, the overall equitableness of the boundary is evaluated by assessing the proportionality between the length of the relevant coast and the marine areas appertaining to each state. This thesis analyses each stage of the delimitation process as re-stated in Black Sea. By way of introduction, chapter 1 outlines the relevant legal provisions and the historical evolution of the delimitation process through the jurisprudence of international tribunals. Chapter 2 discusses both the notions of the relevant coast and of the relevant area, and the practical methods for their identification. Since Black Sea, international tribunals have tended to identify the relevant coast and the relevant area prior to establishing a provisional equidistance line. Chapter 3 discusses the issues concerning the drawing of the provisional equidistance line. Chapter 4 examines relevant circumstances and the methods for adjusting an equidistance line. Chapter 5 discusses proportionality. Using doctrinal legal research methodologies, this thesis aims to assess the degree of consistency in the international tribunals’ application of the three-stage delimitation process. It argues that, while great leaps forward have been made since 1969, there is still a number of unresolved issues, in relation to which this thesis endeavours to provide some workable solutions.
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Books on the topic "Customary law courts"

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Anyafulude, Tom. Customary courts' law and rules as appplicable in Enugu State: Customary Courts Edict, no. 6 of 1984 : Customary Courts Rules 1987. Enugu, Nigeria: Tom Anyafulude, 2004.

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Narebor, Dorubo. Customary courts: Their relevance today. Benin City, Nigeria: Jodah Nigeria, 1993.

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Woodman, Gordon R. Customary land law in the Ghanaian courts. Accra [Ghana]: Ghana Universities Press, 1996.

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Hamid, Nasser, and Singh Ram. Sabah native customary rights. Subang Indah, Petaling Jaya, Selangor: Gavel Publications, 2012.

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Emiaso, Miakpo. Area customary courts in Nigeria: Law, practice and procedure. Lagos, Nigeria]: Peakmans Ltd., 2012.

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Ahmad Idid bin Syed Abdullah Idid. Native court and customary law of Sabah: With cases and decisions. 2nd ed. Petaling Jaya, Selangor Darul Ehsan: LexisNexis Malaysia Sdn. Bhd., 2015.

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(Malaysia), Sabah. Native court and customary law of Sabah: With cases and decisions. Sabah, Malaysia: Dicetak di Jabatan Cetak Kerajaan, 1993.

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Zimanov, S. Z. Kazakh biy court is the unique judicial system. Almaty: Atamura, 2008.

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Phelan, Peter R. The traditional legal system of Sabah. Kota Kinabalu: Centre for Borneo Studies, Yayasan Sabah, 2003.

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Niekerk, Gardiol Van. Traditional African courts. Rondebosch [South Africa]: SJRP & LEAP Institute of Criminology, University of Cape Town, 1993.

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Book chapters on the topic "Customary law courts"

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Haljan, David. "Customary International Law and Judicial Power." In Separating Powers: International Law before National Courts, 211–60. The Hague, The Netherlands: T. M. C. Asser Press, 2012. http://dx.doi.org/10.1007/978-90-6704-858-3_4.

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Ermakova, Elena P., Elena Inshakova, Evgenia E. Frolova, and Agnessa O. Inshakova. "The Nature of Customary (Traditional) Law and Customary Courts in ECOWAS Countries." In Supporting Inclusive Growth and Sustainable Development in Africa - Volume I, 147–61. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-41979-0_11.

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Iswari, Fauzi, I. Gusti Ayu Ketut Rachmi Handayani, and Lego Karjoko. "Ulayat Land Disputes in Minangkabau Customary Law Community: Customary Courts As An Alternative." In Proceedings of the International Conference on Law, Economic & Good Governance (IC-LAW 2023), 101–8. Paris: Atlantis Press SARL, 2024. http://dx.doi.org/10.2991/978-2-38476-218-7_16.

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Brugnatelli, Stefano. "Human Rights Judicial and Semi-Judicial Bodies and Customary International Law on State Responsibility." In International Courts and the Development of International Law, 475–87. The Hague, The Netherlands: T. M. C. Asser Press, 2013. http://dx.doi.org/10.1007/978-90-6704-894-1_35.

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Mann, F. A. "Customary International Law." In Foreign Affairs in English Courts, 120–33. Oxford University Press, 1986. http://dx.doi.org/10.1093/acprof:oso/9780198255642.003.0006.

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Cory, Hans, and M. M. Hartnoll. "Courts." In Customary Law of the Haya Tribe, 230–41. Routledge, 2018. http://dx.doi.org/10.4324/9781351013192-6.

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Curtis A, Bradley. "5 Customary International Law." In International Law in the US Legal System. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780197525609.003.0005.

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This chapter considers the status in the U.S. legal system of customary international law, which was historically referred to as part of the “law of nations.” After considering what the text of the Constitution suggests about this issue, the chapter discusses how courts historically applied customary international law in cases in which it was relevant and how courts referred to it (in cases such as The Paquete Habana) as “part of our law.” The chapter also recounts the modern debates and uncertainties about the current domestic legal status of customary international law. In particular, the chapter explores the possibility that customary international law might have the status of post-Erie “federal common law” and what such a status might mean for questions of jurisdiction, preemption of state law, and limitations on congressional and executive authority. It also discusses various ways in which customary international law can be important in the U.S. legal system even if it is not applied directly by the courts, such as through the Charming Betsy canon of construction. The chapter concludes by discussing controversies concerning the Supreme Court’s consideration of foreign and international law materials when interpreting the U.S. Constitution.
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Rady, Martyn. "Customary Law and Medieval Courts." In Customary Law in Hungary, 49–63. Oxford University Press, 2015. http://dx.doi.org/10.1093/acprof:oso/9780198743910.003.0004.

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"COURTS." In Customary Law of the Haya Tribe, Tanganyika Territory, 234–46. Routledge, 2005. http://dx.doi.org/10.4324/9780203988244-11.

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Harrison, John C. "International Law in U.S. Courts within the Limits of the Constitution." In The Restatement and Beyond, 265–80. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197533154.003.0012.

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This chapter explains that in order to facilitate the expert, impartial, and uniform ascertainment, development, and application of customary international law in U.S. courts, the Supreme Court of the United States should return to treating customary international law as neither State nor federal, but general, law. The federal courts should ascertain the content of that body of law for themselves, treating State-court precedents on that subject with respect but not as binding on them. The lower federal courts should follow both the Supreme Court’s approach to customary international law and any principles thereof that it announces. The Court should take the same approach to private international law when a conflicts question concerns the extraterritorial application of the law of a State of the Union. Indeed, although the chapter does not propose applying this approach to all of conflict of laws, it suggests that the federal courts apply general principles of conflicts to decide when and whether the substantive law of a State of the Union applies to transactions outside the United States.
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Conference papers on the topic "Customary law courts"

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Dallazem, Dalton Luiz. "What Rules, if not Customary International Law – Articles 31-32 of the VCLT – Are the U.S. Courts Relying upon while Applying and Interpreting Tax Treaty Provisions?" In Proceedings of the 10th International RAIS Conference on Social Sciences and Humanities (RAIS 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/rais-18.2018.20.

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Габазов, Тимур Султанович. "ADOPTION: CONCEPT, RELIGIOUS AND HISTORICAL AND LEGAL ASPECTS." In Социально-экономические и гуманитарные науки: сборник избранных статей по материалам Международной научной конференции (Санкт-Петербург, Апрель 2021). Crossref, 2021. http://dx.doi.org/10.37539/seh296.2021.54.40.012.

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В статье раскрываются устоявшиеся понятия усыновления и их историческое видоизменение с учетом положений Древнего Рима. Приводятся статистические данные работы судов общей юрисдикции за 1 полугодие 2019 года по исследуемой категории дел как Российской Федерации в целом, так и одного из субъектов - Чеченской Республики. Анализируется отношение таких основных мировых религий как христианство, буддизм и ислам к вопросу усыновления, а также к способам, с помощью которых можно и нужно преодолевать данную социальную проблему. В работе делается акцент на усыновление детей, имеющих живых биологических родителей, а не только сирот, и дается анализ в изучении вопроса усыновления на примере чеченского традиционного общества до начала ХХ века и в настоящее время, а также исследуются виды усыновления. Вводится понятие «латентное усыновление» и раскрывается его сущность. Выявляются разногласия между нормами обычного права и шариата, которые существуют у чеченцев, а также раскрываются негативные стороны тайны усыновления. И в заключение статьи разрабатываются рекомендации по взаимообщению и взаимообогащению между приемными родителями и биологическими родителями усыновляемого. The article reveals the established concepts of adoption and their historical modification, taking into account the provisions of Ancient Rome. Statistical data on the work of courts of general jurisdiction for the 1st half of 2019 for the investigated category of cases of both the Russian Federation as a whole and one of the constituent entities - the Chechen Republic are presented. It analyzes the attitude of such major world religions as Christianity, Buddhism and Islam to the issue of adoption, as well as to the ways by which this social problem can and should be overcome. The work focuses on the adoption of children with living biological parents, and not just orphans, and analyzes the study of adoption on the example of a Chechen traditional society until the beginning of the twentieth century and at the present time, as well as explores the types of adoption. The concept of “latent adoption” is introduced and its essence is revealed. Disagreements are revealed between the norms of customary law and Sharia that exist among Chechens, as well as the negative aspects of the secret of adoption are revealed. And in the conclusion of the article, recommendations are developed on the intercommunication and mutual enrichment between the adoptive parents and the biological parents of the adopted.
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Suparto, Suparto, and Ellydar Chaidir. "The Constitutional Court Decision Regarding Disputes of Legislative Election; from a Progressive Law Enforcement to the Recognition of Customary Law Communities in Democracy." In Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/icglow-19.2019.42.

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Vlahović, Miloš. "KRIVIČNO DELO GENOCIDA PREMA IZVORIMA MEĐUNARODNOG KRIVIČNOG PRAVA, SA POSEBNIM OSVRTOM NA IZABRANE PRESUDE MEĐUNARODNIH SUDOVA." In Tradicija, krivično i međunarodno krivično pravo. Srpsko udruženje za međunarodno krivično pravo, 2024. http://dx.doi.org/10.46793/tkmkp24.422v.

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The paper analysis the crime of Genocide since the coining of the word genocide, through the definition of genocide based on the Con- vention on the Prevention and Punishment of Genocide (1948) and the Rome Statute. The author points to the loopholes in the Convention itself, as well as the closing of this gap by customary international law. This paper analysis the subjective and objective elements of Genocide, the struggles of proving a Special intent – dolus specialis, defining the term „group“ with special emphasis on the selected customary law. The author discusses the common features and difference of Genocide and Crimes against humanity and an issue of proving of the Special intent (dolus specialis) according to International Court of Justice
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Fukuda, Shuichi. "Personal Modular Design." In ASME 2015 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2015. http://dx.doi.org/10.1115/imece2015-51199.

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This is a position paper. Although modular design is getting wide attention these days, most of the discussions and applications are focused on efficiency, cost reduction, etc., which has been regarded important in the traditional product development or in the producer’s framework. Their focus is how they can prepare wider variety with less time, money and energy. They believe if a wide variety of products are offered. the customer would select the one that would fit them best. Thus, not too much attention is paid to the customer expectations. The current producer do not sell dreams. They just increases the choices. This can be compared to what animals are doing. Animals can use tools, but these tools are found in nature. Animals do not make tools, but humans do, because humans can see the future, while animals cannot. Engineering is an activity to satisfy customer dreams. In this sense, the current industry is not achieving what engineering is supposed to achieve. In addition, as human needs step up, humans would like to actualize themselves. But in the earlier or lower step, their needs are products so products satisfy them. But when they step more and more upward, they find value in the processes. So products alone will not satisfy them enough. They would like to make their dreams come true by themselves. Thus, how we can get customers involved in the production becomes important. In short, we have to consider how we can mix high tech and low tech and work them harmoniously. Some modules needs high tech. Thus expertise is needed. But others can be developed and produced by customers. Then, customers will be very happy because they are players in the game and they feel they themselves are developing a product to realize their own dream. Of course, personal fabrication technology can be used for this purpose. But theirs and my idea are basically different. Their idea is to produce a product by ourselves. But the approach proposed here is focused on our industrial products. The issue here is how we can bring our customers into our product development, which current industries are practicing. If we can design a product, which is composed of modules which needs high tech and expertise and those which can be produced with low tech, then we can bring our customers into low tech and low expertise module production. Although customers are not producing the whole product, they feel happier because they are now making their dream come true themselves. Thus, industries can sell processes. And it should be stressed that this is not a reconfigurable design. The low tech and low expertise modules are really produced by our customers. They do not select modules to produce a product as we do with Lego. This design of mixture of low tech module and high tech module serves for globalization as well. Some developing countries cannot produce high tech modules, because their resources are not enough. But if some modules can be produced with low tech, then they can produce them locally and that will increase employment and the market will expand.
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Addo, Sampson, Pawan Tyagi, and Devdas Shetty. "Educating Historically Black Colleges and Universities Innovators About the Commercialization of Innovation by the Customer Discovery Process." In ASME 2021 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2021. http://dx.doi.org/10.1115/imece2021-69080.

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Abstract Historically Black Colleges and Universities (HBCUs) innovators lag behind their non-HBCU counterparts in the commercialization of innovations as they were originally set up as teaching and blue-collar trade institutions. There exists a strong need for education and training to bridge this gap by promoting the commercialization of innovations in HBCUs and thus transform next-generation HBCU innovators into entrepreneurs. HBCUs are promoting entrepreneurial education and mindset via changes in engineering education programs and curriculums. Several federally funded programs like the National Science Foundation (NSF) Center of Research Excellence in Science and Technology (CREST) Center for Nanotechnology Research Excellence (CNRE) are promoting innovation and intellectual property generation at HBCUs. NSF I-Corps Program supports the education and training of innovators about the commercialization of mature or patented innovations at HBCUs. The NSF I-Corps Introduction to Customer Discovery explores strategies in identifying key customer segments through extensive customer interviews, which is a fundamental step in the commercialization process. This paper discusses our educational experience in the customer discovery process for Pumpless Solar Thermal Air Heater (Patent Number 10775058). To learn about prospective customers’ attitudes and perceptions of the innovation, we conducted 30 interviews with potential customers (end users). Our innovation is focused on providing portable, cost-effective, healthy, and environmentally friendly space heating solutions. We tested several hypotheses about the value proposition of our innovation during interviews to explore the market segments for potential commercialization. During the Customer Discovery process, we came to know about new issues such as health issues caused by the dry air in winter. We also learned that mitigation of problems due to the current heating system required a humidifier to reduce health issues that added additional cost. Based on our interviews our innovation is suitable for customers needing: (i) Heating source mitigating health issues, (ii) add-on technology to reduce their heating bills. Our next step is to pursue market segments for our innovation. We plan to utilize the current experience of commercialization of intellectual property to develop training modules for the MECH 302 Undergraduate Research Experience and MECH 500 Research Methods and Technical Communication courses offered under the mechanical engineering program at the University of the District of Columbia (UDC).
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Igleski, Joseph R., Douglas L. Van Bossuyt, and Tahira Reid. "The Application of Retrospective Customer Needs Cultural Risk Indicator Method to Soap Dispenser Design for Children in Ethiopia." In ASME 2016 International Design Engineering Technical Conferences and Computers and Information in Engineering Conference. American Society of Mechanical Engineers, 2016. http://dx.doi.org/10.1115/detc2016-60530.

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We present here the design and analysis of a cost-effective soap dispenser that prevents bar soap theft in schools in developing countries. The intended region of deployment is within Ethiopia and surrounding areas. Lack of public hygiene is attributed to 1.4 million global deaths annually due to preventable diarrheal diseases. Using soap while washing hands is estimated to decreases death due to diarrheal diseases by half. Theft of soap from public wash stations, such as those found in schools, is believed to contribute to the spread of diarrheal diseases. Currently there exists no adequate cost-effective solutions to protect bar soap from theft although there appears to be a demand and there is a need for such a device. An undergraduate student mechanical design team in a sophomore design course at Purdue University was tasked with developing a soap dispenser that prevents theft of bar soap. The project prompt was provided by Purdue Global Engineering Programs’ Innovation to International Development (I2D) Lab. Students were instructed to complete the first step (Product Concept) of the Lean Design for the Developing World (LDW) method to develop a Minimum Viable Product (MVP). The team then completed a retrospective analysis of the MVP using the Customer Needs Cultural Risk Indicator (CNCRI) method to determine potential shortcomings that may be identified in the second step (Validated Learning) of the LDW method. Several customer needs and their component and design solutions that need close monitoring during the second step of the LDW method were identified. The highest risk customer needs included: culturally appropriate design, aesthetic appeal, security, and durability. Based on the experiences of the design team, several important lessons were learned that can both be applied to improving the secure bar soap dispenser product and to the broader field of product design for the developing world. These lessons include: Customers in the developing world may be more concerned with cost than durability, cultural appeal of a device is highly dependent on first -hand experience and can easily be misunderstood or misrepresented, the LDW method is an invaluable tool in identifying customer needs that may be overlooked due to cultural and socio-economic differences. The use of the LDW framework and the CNCRI method in an undergraduate design group was found to be useful, viable, and valuable to both the undergraduate student learning outcomes and the development of a product that can be deployed to its intended market. Further development of an end-to-end tool chain is needed to better integrate product development for the developing world into mainstream engineering curriculum.
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Putra, Leonardo Darma, and Christine S. T. Kansil. "Legal Remedies of Customers Experience Non-Performing Loan Review Form Law Number 10 year 1998 Concerning Amendments Law Number 7 Year 1992 Concerning Banking (Example Case Court Judgment No. 1/Pdt.G/2018/PN Kng)." In The 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201209.136.

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Mihály, Kristóf. "The Transition from a Feudal Society to a Social Structure based upon Civil Rights in Hungary with Particular Regard to Preparatory Draft Law." In Mezinárodní konference doktorských studentů oboru právní historie a římského práva. Brno: Masaryk University Press, 2022. http://dx.doi.org/10.5817/cz.muni.p280-0156-2022-8.

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In this study, I review the immediate antecedents of the civil transition as the most profound development. The codification attempts of the Enlightenment of the 1790s and the liberalism of the 1830s and 1840s are the focal points of my doctoral research. In order to drafting bills to reform the feudal state based on customary law and privileges without changing the basic public law framework, nine so-called national regular committees were set forth by Article 67 of Act 1791. The committees completed their work and sent their drafts, known as so-called operatives, to the king between 1792 and 1795. After all, the completed operatives were not put on the agenda of Parliament due to changes in the domestic and foreign policy status quo. They only emerged from the archives of the Chancellery thanks to the committees set up by Article 8 of Act 1827. These committees were responsible for reviewing the “forgotten” operatives, which were finally printed and sent to the counties for comments. The Hungarian liberal noble opposition was organised first as a movement and then as a party during these county debates (1831–1832) in order to replace the feudal system by manifesting the basic principles of the civil transition in the so-called laws of April (representation of the people, the right to private property, equality of rights, burden sharing, etc.)
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Laurello, V., J. Masada, M. Araki, K. Ishizaka, and T. Nakamura. "Correlation of Pre-Swirl Effectiveness With the Turbulent Flow Parameter and Application to the Mitsubishi MF111 Up-Grade." In ASME Turbo Expo 2006: Power for Land, Sea, and Air. ASMEDC, 2006. http://dx.doi.org/10.1115/gt2006-90182.

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Analysis and testing were carried out to investigate the effectiveness of a turbine cooling air pre-swirl system and to determine the relationship with the turbulent flow parameter. The pre-swirler consisted of a low number of discrete round nozzles. The low nozzle count was the result of geometric constraints of an existing engine, the 15 MW Mitsubishi MF111. The incorporation of the pre-swirler allowed a significant increase in rotor inlet temperature while maintaining blade metal temperature levels. The increased rotor inlet temperature provided the desired increase in output. The increased output, with the low cost pre-swirler, provides a high value to MF111 up-grade customers.
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Reports on the topic "Customary law courts"

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The Opportunity Framework 2020: Identifying Opportunities to Invest in Securing Collective Tenure Rights in the Forest Areas of Low- and Middle-Income Countries. Rights and Resources Initiative, September 2020. http://dx.doi.org/10.53892/rhaa9312.

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Indigenous Peoples, local communities, and Afro-Descendant Peoples (IP, LC & ADP) — roughly 2.5 billion people — customarily manage over 50% of the global land mass, but governments currently recognize their legal ownership to just 10% (RRI, 2015). Fortunately, there has been progress in addressing this historic injustice in recent years as governments have begun to pass legislation and achieve court decisions to recognize the historic and customary use and ownership of these lands. A recent stock-taking finds that since 2002, at least 14 additional countries have passed legislation that require governments to recognize these rights. Similarly, there have been positive national and regional level court decisions in numerous countries supporting the formal recognition of the collective land and forest rights of Indigenous Peoples, local communities, and Afro-descendant Peoples. RRI research demonstrates that if only 7 countries implemented these new laws, policies, and court decisions, over 176 million hectares would be transferred from government to Indigenous, local community, and Afro-descendant ownership, benefitting over 200 million people (RRI, 2018). The focus of this report, and the Framework itself, is limited to formal recognition of land and forest rights (i.e. delimitation, mapping, registry, etc.). It does not assess the important and subsequent steps of strengthening community or territorial governance, the enforcement of these rights by governments, or the capacities necessary to enable Indigenous, local community, and Afro-descendant organizations to manage or exploit their resources or engage in enterprises or economic development activities – all of which are essential for sustained and self-determined conservation and development. This Framework focuses on the first step in this longer process.
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