The main function of these conventions is to throw light on such rights and liabilities on which the contract is silent. It survives to a significant degree everywhere in Somalia  and in the Somali communities in the Ogaden. The courts would have jurisdiction over property, torts and family law.
Peaceable Enjoyment — When everyone follows and enjoys the custom in a peaceful manner, only then will it be considered valid. These customs can also change based on the acceptance or rejection by states of particular acts.
He notes that the concept of custom generally denotes convergent behaviour, but not all customs have the force of law. Those are : It must be shown that the convention is clearly established and also that the contracting parties are fully aware of it.
They are recognised by the courts and are part of the law.
Many a time they have been forced by the ruling class of society. For Hund, the first form of rule scepticism concerns the widely held opinion that, because the content of customary law derives from practice, there are actually no objective rules, since it is only behaviour that informs their construction.
Compulsory Observance — For a custom to be considered valid, it must have been observed since ancient times without any interruptions and must be considered by the people following it as a binding rule of law. Customary international law can be distinguished from treaty law, which consists of explicit agreements between nations to assume obligations.
If it gives rise to the right, it is known as Prescription For a custom to be valid it needs to exist from time immemorial, in case of Prescription it is not the case.
If the defendant means to change the paradigm, they will refer to norms as such, where actually norms are not ordinarily explicitly referenced in Tswana dispute resolution as the audience would typically already know them and just the way one presents one's case and constructs the facts will establish one's paradigm.