Customs And Laws: A Delicate Balance Of Power

Customs and laws are both tools for regulating human behaviour, but they are not always aligned. Customs are the traditional practices and beliefs of a society, and they can vary widely between different regions and cultures. Laws, on the other hand, are the codified rules that govern a society, and they are usually enforced by a centralised authority. While customs and laws often reinforce each other, conflicts can arise when customs are in violation of the law, or when laws are imposed that contradict established customs. This can be particularly problematic when it comes to international travel, as individuals may unknowingly violate the customs laws of a foreign country, or when customs officers infringe upon travellers' rights. In the context of international law, customary international law consists of rules derived from the consistent conduct of states, and it plays a crucial role in regulating armed conflicts between states and non-state armed groups.

International humanitarian law

Customs and laws can often come into conflict, and this is true at both national and international levels. International Humanitarian Law (IHL) is a set of laws that seeks to limit the methods and means of warfare, protecting those who do not fight and restricting the weapons and tactics used by those who do. It is also known as the Law of Armed Conflict and is a crucial aspect of international law, seeking to balance the realities of warfare with essential humanitarian protections.

IHL applies during armed conflict and occupation, and its rules are agreed upon by nations as customary international law or through treaties.

Customs violations and penalties

Customs laws and regulations apply whenever people or objects enter or leave a country. Customs laws are federal laws, and they apply regardless of the state or the manner in which one enters or exits a country. Customs laws can provide for both civil and criminal penalties for violations.

Some common customs violations include:

• Failing to declare the nature and value of goods brought into the country, misrepresenting their value, or making other false declarations.
• Failing to disclose the possession of more than a certain amount of currency when entering or exiting the country.
• Attempting to export restricted items, such as weapons, currency, or other products to prohibited destinations or entities, such as terrorist groups or sanctioned countries.
• Importing goods without paying the required import taxes or duties, or attempting to conceal the nature, origin, value, or content of the imports to evade these taxes.
• Bringing prohibited items, such as illegal drugs or drug paraphernalia, into the country.
• Failing to comply with state-specific regulations, such as those governing the amount of alcohol that can be brought into the country.
• Importing vehicles that do not meet the required fuel emission, safety, and theft prevention standards.
• Possessing or importing cultural property, such as artefacts or antiquities, without proper ownership verification.

Customs violations can result in significant penalties, including both civil and criminal sanctions. Criminal penalties can include fines, which can range from a few thousand to millions of dollars, and prison sentences, particularly for violations involving smuggling or false declarations. The U.S. Customs and Border Protection (CBP) has a Penalties Program aimed at deterring non-compliance through uniform enforcement at ports of entry and field offices. The program also focuses on violations involving priority trade issues and utilizes compliance alternatives.

Rights at the border

Customs laws and regulations apply when people or objects enter or leave a country. These laws are federal laws and apply regardless of the state or the manner in which one enters or exits a country. Customs laws can result in civil or criminal penalties for violations. For example, it is a violation to attempt to export weapons, currency, or other products to terrorist groups.

At the border, Customs and Border Protection (CBP) officers may stop individuals to determine their admissibility to the United States, and they may search people's belongings for contraband. CBP officers may also ask about one's immigration status to determine their right to enter the country. US citizens need only answer questions establishing their identity and citizenship, while lawful permanent residents (LPRs) must answer questions establishing their identity and permanent residency. Non-citizen visa holders or visitors may be denied entry if they refuse to answer officers' questions.

It is important to note that officers cannot select individuals for a personal search or secondary inspection based on religion, race, national origin, gender, ethnicity, or political beliefs. Religious and political beliefs and associations are protected by the First Amendment, and individuals are not required to answer questions about these topics. If customs officers persist in asking such questions, individuals can request to speak to a supervisor.

Additionally, while CBP takes the position that individuals are not entitled to an attorney during primary and secondary inspections, it is recommended to have the contact information of an attorney or legal services organization in case one feels their rights are being violated or if they have been detained for an extended period. If a customs officer informs an individual that they are under arrest or suspects they have committed a crime, that individual has the right to speak to a lawyer before answering any further questions. They also have the right to remain silent and should state this out loud if they wish to exercise this right.

Prohibited and restricted items

Customs and laws can sometimes conflict, and prohibited and restricted items are a prime example of this. These items are regulated by government agencies and require additional steps before they can be cleared at customs. The criteria for prohibited and restricted items vary from country to country, and even shipping companies may have their own restrictions.

In the United States, the Customs and Border Protection (CBP) enforces laws on behalf of government agencies, regulating the movement of goods into the country. Prohibited items are those forbidden by law to enter the country, such as dangerous toys, vehicles that do not meet safety standards, bush meat, and illegal substances. Restricted items, on the other hand, require special licenses or permits from federal agencies before they are allowed entry. Examples of restricted items include certain medications, ceramic tableware with high lead content, and cultural artifacts.

When it comes to wildlife, federal regulations prohibit the importation of any species into a state with fish or wildlife laws that are more restrictive than federal laws. This means that if foreign laws were violated in the taking, sale, possession, or export of wild animals, those animals will not be allowed entry into the United States. Additionally, items such as gold coins, medals, and bullion are prohibited from entering the US if they originate from or have been brought from countries under specific sanctions.

It is important to note that restrictions may also apply to items being exported from a country. For instance, the temporary export of firearms from the US is governed by the Export Administration Regulations (EAR) and generally requires a BIS license. Similarly, vehicles brought into the US temporarily are exempt from certain restrictions, but specific procedures must be followed to avoid legal consequences.

When travelling internationally, it is essential to be aware of the prohibited and restricted items for both the country of destination and one's country of origin to avoid any legal issues and ensure a smooth journey.

Customs and morality

Morality, on the other hand, is the set of beliefs, norms, and circumstances that guide a person's conduct in accordance with society and their inner self. It is the basis for determining when an act is appropriate or inappropriate. From a social perspective, morality is defined by society and social groups, which establish what is right and wrong according to their customs and beliefs.

For example, in Mexico, the Supreme Court of the Nation's thesis no. 313223 states that the law leaves the subjective estimation of the judge to set the concepts of good morals and public morality. Acts that are impudent or obscene and offend the moral sense or public modesty are considered crimes of outrage to modesty. However, as the notion of modesty varies according to the social environment and the degree of civilization of the people, it is left to the judges to determine which acts can be considered lewd or obscene.

John Dewey, in his work "Human Nature and Conduct", discusses the relationship between custom and morality. He suggests that a breach of custom or habit can evoke sympathetic resentment, while fidelity to custom under exceptional circumstances can elicit approbation. He further argues that customs can be adapted intelligently to suit changing conditions, allowing individuals to remake them.

In summary, customs and morality are interconnected, with customs shaping societal expectations and norms, and morality guiding individual conduct within those boundaries. The interpretation and enforcement of moral standards can vary across different societies and legal systems, highlighting the dynamic nature of the relationship between customs and morality.

Frequently asked questions