77) Bilateral investment treaties and the investment chapters of regional free trade agreements are noted less for the manner in which they codify customary international law and more for the fact that their arbitration provisions create a private cause of action against host states that did not exist under customary international law.
Codification also allows states to create ancillary monitoring and enforcement obligations that are specific to the customary rule codified.
Court of Appeal is established to speed up the determination of cases with customary
flavour, for example in estates and succession, inheritance rights, etc.
Emphasis here is given to how the definition and social place of 'children' under customary
law can contribute to land conflicts and how the interests of a younger generation come into conflict with tradition and patterns of customary
Issues related to the linkages between the customary
and conventional laws were raised, with the chief complaining that some of their powers had been taken away by judges", said Aguer.
Bentham cautioned that a clear assignable net benefit should be demonstrated if local customary
law were to be changed and that strategies such as education would be more productive than coercive or legal means.
In addition, the Holtwood and Lake Wallenpaupack hydroelectric projects, with a combined generating capacity of 292 megawatts, are being sold to a subsidiary of Brookfield Renewable Energy Partners for USD860m, subject to customary
purchase price adjustments.
If the Philippines extend recognition to Crimea, the Philippines in effect is upholding Crimea's right to a "principle of customary
international law" most importantly the principle of opinio juris.
To a significant degree, the newly amended legislation seeks to address these subjects in its overhaul of the existing legislation on customary
The various laws on marriage; do not recognise or provide for marriage of any other person who are Africans but are not Christians and who do not wish to marry under customary
The Court first notes that: "The power granted to Congress in the Offences Clause is limited by customary
international law for two reasons.
5) For more than five decades, only these marriages were recognized as valid marriages; all other unions that did not fit the bill, including African customary
marriages, (6) were treated with suspicion and contempt.