Customs law

“ The importance of custom as a source of law continuously diminishes as the legal system grows. As an instrument of the development of English law in particular, it has now almost ceased to operate, partly because it has to a large extent been superseded by legislation and precedent, and partly because of the very stringent limitations imposed upon its law-creating efficacy, the legal requirements of a valid custom being such as few customs can at the present day conform to. ”

“ A traditional authority that observes a system of customary law may function subject to any applicable legislation and customs, which includes amendments to, or repeal of, that legislation or those customs. ”

“ The positive law of nations is founded on usage or custom and agreement, and may be considered as properly divided into the customary law of nations, and the conventional. The customary law of nations consists of certain maxims, or is founded on customs and usages which have been long observed and tacitly consented to by nations, and have thereby become binding upon all who have adopted them, so far as their observance does not require a violation of the law of nature. ”

“ Where a people's court delivers a verdict, ruling or an administrative authority concerned makes a decision to dispose of the goods under Customs control, the person concerned is required to accomplish all the necessary Customs formalities. ”

“ Thus it is that rights will always vary from one people to another. Sometimes the laws and rights vary in the state itself; there frequently arises a diversity of laws and customs between the different provinces of the same country: as in ancient France, which was formed out of a number of feudal sovereignties, each having its particular law, and giving rise to frequent conflicts between different customs. ”

“ The greater portion of the law consists of the customs of the people, as evidenced and preserved by the written decisions of the courts. These customs, to be recognized as law, need not be found in written decisions, but the most important ones have become embodied therein. New customs are necessary and are recognized to meet new and changing conditions. These new customs are continually adding to our unwritten law. ”

“ Customs shall, according to the necessity of carrying out duties in compliance with laws and regulations, strengthen Customs personnel construction and make them possess good political and operational qualifications. ”

“ But if any, contrary to the tenor of our present law, have been, or shall in future be received as citizens, their reception shall lack all validity, and the persons received, of whatever condition, dignity or standing they may be, shall, in no case or matter whatever, in any way exercise or enjoy the rights and liberties of the cities into which they contrive to be received. Any rights, privileges, or observed customs, at whatever time obtained, to the contrary notwithstanding ”

“ The superior Customs shall conduct supervision over enforcement of the Customs at a lower level. The superior Customs may alter or repeal any inadequate settlement or decision according to law made by Customs at a lower level. ”

“ Whoever engages in declaration business without Customs registration or occupation qualification of declaration shall be banned by Customs, the illegal proceeds obtained therefrom shall be confiscated, and a fine shall be imposed concurrently ”

“ Where an importer of import goods or an exporter of export goods, a Customs clearing agent or its staff bribes Customs personnel, Customs may revoke its declaration registration or its occupation qualification and concurrently impose a fine; whoever constitutes a crime shall be investigated for criminal liability according to law and shall not be re-registered to be a Customs clearing agent or re-acquire a declaration qualification certificate. ”

“ Where an enterprise approved by Customs engaging in related operations violates relevant provisions of this Law, Customs may order it to correct, render it a warning, suspend it from engaging in related operations or revoke its registration. ”

“ Where a person concerned refuses to carry out punishment decision of Customs overdue nor apply for reviewing or file a lawsuit to the People's Court, the Customs giving the punishment decision may hand over his security or, sell off the detained goods, articles or means of transport of the party and hand over the money thus obtained according to law, or apply to the People's Court for a compulsory execution. ”

“ We are repelled by the argument which leads to such consequences, whether regarding our own country or the foreign country made 'domestic.' If 'domestic' as to what comes from it, it is 'domestic' as to what goes to it, and its customs laws, as well as our customs laws, may be cast into confusion, and its business and affairs deranged before there is possibility of action. ”

“ Well, the legislators confounded in one code the two currents of custom, of which we have just been speaking, the maxims which represent principles of morality and social union wrought out as a result of life in common, and the mandates, which are meant to ensure eternal existence to inequality. Customs, absolutely essential to the very being of society, are, in the code, cleverly intermingled with usages imposed by the ruling caste, and both claim equal respect from the crowd. “Do not kill,” says the code, and hastens to add, “And pay tithes to the priest.” “Do not steal,” ”

“ In the first place we have a recapitulation of those general or national powers that properly belong to the central authority, such as customs and excise duties, regulation of trade and commerce, militia and defence, post-office, banking and coinage, railways and public works "for the general advantage," navigation and shipping, naturalisation and aliens, fisheries, weights and measures, marriage and divorce, penitentiaries, criminal law, census and statistics. ”

“ That the supremacy of the national power in the general field of foreign affairs, including power over immigration, naturalization and deportation, is made clear by the Constitution was pointed out by authors of The Federalist in 1787, [9] and has since been given continuous recognition by this Court. [10] When the national government by treaty or statute has established rules and regulations touching the rights, privileges, obligations or burdens of aliens as such, the treaty or statute is the supreme law of the land. ”

“ hence all parties are obliged to borrow the ideas, and even the language, usual in judicial proceedings in their daily controversies. As most public men are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the affairs of the country. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; ”

“ This law, which grants to every foreign trader the privilege of being judged by his own magistrates, is the precursor of modern legislation establishing consular and other tribunals instituted to protect the commercial interests, and define the judicial rights, of persons transacting business in another country, and is of unknown antiquity. ”

“ I desire to direct your attention to the fact that citizens of the United States, or persons claiming to be citizens of the United States, are large holders in foreign lands of this species of property, forbidden by the fundamental law of their alleged country. I recommend to Congress to provide by stringent legislation a suitable remedy against the holding, owning or dealing in slaves, or being interested in slave property, in foreign lands, either as owners, hirers, or mortgagors, by citizens of the United States. ”

“ By general international law, foreigners who have become domiciled in a country other than their own acquire rights and must discharge duties in many respects the same as possessed by and imposed upon the citizens of that country ”

“ For this purpose, where there is no treaty and no controlling executive or legislative act or judicial decision, resort must be had to the customs and usages of eivilized nations, and, as evidence of these, to the works of jurists and commentators who by years of labor, research, and experience have made themselves peculiarly well acquainted with the subjects of which they treat. ”

“ When, therefore, Congress undertakes to enact a law, which can only be valid as a regulation of commerce, it is reasonable to expect to find on the face of the law, or from its essential nature, that it is a regulation of commerce with foreign nations, or among the several States, or with the Indian tribes. ”

“ Since the adoption of the Constitution of the United States, no State can by any subsequent law make a foreigner or any other description of persons citizens of the United States, nor entitle them to the rights and privileges secured to citizens by that instrument. ”

“ Every country has a common law of usage and custom, both local and general, to which the people, especially those of a conquered or ceded one, cling with more tenacity than to their written laws, and all sovereigns respect them. ”

“ We have now completed our examination of the six earliest cases decided by the Federal Supreme Court in which the distinction between laws which affect foreign commerce, and laws which are regulations of foreign or interstate commerce, is discussed, and we have seen that these cases lay down the principle that the object or aim of the Legislature in passing the law is the true ground of distinction, in so far as they lay down any well-defined principle at all. ”

“ The administration of the customs on the borders even remained in the hands of the local customs-officials, only that when collected they were placed to the general account. But the unconditional right of the empire to lay down the principles of customs legislation gave it more and more of an opportunity to create finances of its own and to become more and more independent of the scheduled contributions from the separate states. ... Judicial matters are the affair of the individual state. ”

“ In all contests that are carried on between a native and a foreigner, as the subject of another state, the decision ought to be by the law of nations. But when a foreigner puts himself with a native under the protection of our state, the determination is, of course, by our law. The practice hath uniformly corresponded to the right in the courts of law and equity. In the other tribunals the right hath given way to the will of the prince, who had his reasons for preferring the authority of the imperial law. ”

“ That the act of state doctrine is rooted in a well-established concept of international law is evidenced by the practice of other countries. These countries, without employing any act of state doctrine, afford substantial respect to acts of foreign states occurring within their territorial confines. [6] Our act of state doctrine, as formulated in past decisions of the Court, carries the territorial concept one step further. It precludes a challenge to the validity of foreign law on the ordinary conflict of laws ground of repugnancy to the public policy of the forum. ”

“ To call them rights and duties—as indeed the respective treaties frequently do—is a laxity of language which is quite tolerable as long as one remembers that they neither comprise any relations between States nor any claims and obligations within the province of Municipal Law. ”

“ The Nation and the States will promote foreign immigration and colonization in accordance with their respective laws. Article 115. A law will regulate the manner in which national officers, upon taking charge of their posts, shall take the oath to comply with their duties. Article 116. The National Executive will negotiate with the Governments of America over treaties of alliance or confederation. Article 117. The law of Nations forms a part of the National Legislation ”

“ Under the discussion of jurisdiction of the state over persons comes the question of nationality. Nationality involves the reciprocal relations of allegiance and protection on the part of the person and state. ”

“ God, and are beyond the authority of the magistrates. No
inhabitant of the Nation shall be compelled to do what the law
does not ordain, nor be deprived of anything which it does not
prohibit.
Article 20.
Within the territory of the Nation, foreigners shall enjoy all
the civil rights of citizens; they can exercise their
industries, commerce or professions, in accordance with the
laws; own, buy and sell real-estate; navigate the rivers and
coasts; freely profess their religion, and testate and marry. ”

“ The so-called Law of Nations is nothing else than a body of customary and conventional rules regulating the conduct of the individual States with each other. Just as out of tribal communities which were in no way connected with each other arose the State, so the Family of Nations arose out of the different States which were in no way connected with each other. ”

“ The right of an importer, who has paid money, under a valid protest, to a collector of the customs, for duties illegally assessed, to maintain an action for its return has been acknowledged by congress and in this court. ”

“ For how could International Law, which is a law between States, give rights to individuals concerning their relations to a State? What the Law of Nations really does concerning individuals, is to impose the duty upon all the members of the Family of Nations to grant certain privileges to such foreign heads of States and diplomatic envoys, and certain rights to such foreign citizens as are on their territory. ”