Customary international law is an aspect of international law involving the principle of custom along with general principles of law and treaties custom is considered by the international court of justice jurists the united nations and its member states to be among the primary sources of international law. An introductory background on south african customary law will be presented by way of tracing the development of customary law over time focusing on three historical periods colonialism the apartheid era of segregation and after democratization. 184 international law commission formation of customary international law in cases such as the lotus 1927 the asylum 1950 the north sea continental shelf 1969 and the nicaragua 1986 cases nonetheless it important to remark that in the last decade the court has. Mbodla n customary law in search of development 1999 116 salj 742 mokgoro y ubuntu and the law in south africa 1998 1 per pelj 15 mqeke r guidelines for determining the constitutional injunction to apply customary law in the new south africa 2009 126 salj 689
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