Can indigenous customary law be used and recognised in international commercial contracts?

Abstract

Indigenous customary laws often conflict with or contradict contract laws of foreign legal systems. If an indigenous person wishes to conduct an international transaction according to their customs, problems may arise where customs are inconsistent with governing laws. This paper examines the potential areas of conflict within the lifecycle of a commercial contract to determine if indigenous customary law can be recognised as a legitimate legal system in the context of international commercial contract law.