Chapter

South Africa

Erika de Wet

in International Law and Domestic Legal Systems

Published in print September 2011 | ISBN: 9780199694907
Published online January 2012 | e-ISBN: 9780191731914 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199694907.003.0024
South Africa

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South Africa's track-record of receiving international law into the domestic legal order since the introduction of the new constitutional order in 1994 is mixed. On one hand, the Constitution of 1996 is very receptive to international law, notably as a guideline for interpretation. Courts are also keen to use international human rights instruments as a guideline for interpreting the Constitution, even though their methodology in this regard is open to criticism. On the other hand, the courts are much more reluctant to resort to international law as an instrument of interpretation in areas outside human rights law. Parliament's track-record in implementing non-self-executing and non-technical treaties is inconsistent.

Keywords: South African law; customary international law; domestic legal order; constitutional law; Constitution of 1996; human rights; treaties

Chapter.  14326 words. 

Subjects: Public International Law

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