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Government Decision and Customary Law

Almost every government makes decisions on the basis of the legislation, regulations, directives and policies, which then becomes the administrative practice with a legal back up. Legal and contractual interpretation is beneficial when it is in line with the administrative adaptation of government. This is a major challenge to multinational and foreign businesses operating or willing to operate in Nepal.

Nepal is a country where legislation and regulations are found in short form. In many occasions, legislation and regulation are not enough to shape the spirit of law. Past decision processes of the Government play vital roles in determining the actual essence of a law. Customary law is also a source of law and this source applies to government authorities whilst interpreting the laws at the time of making decision.

Any businesses can be hampered by any decision of the government. Those who can shape decisions have a competitive advantage, hence, businesses regularly need relevant information and the ability to identify and have access to the right government officials regarding issues and proposed legislations or the regulations that affect them. GLA, having a long history of liaising work and high approach of liaising relation with Government authorities, has been assisting clients to better understand the administrative practices as a part of the customary law.

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