RRLLB81
Assignment 2 Semester 1 2026
RESEARCH REPORT
Due Date: April 2026
The Concept of Self Executing Treaties
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
The Concept of Self Executing Treaties
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE: April 2026)
, For additional support +27 81 278 3372
Abstract
This research examines the concept of self executing treaties within the framework
of South African constitutional law. A self executing treaty is generally understood as
an international agreement that becomes directly enforceable in domestic law
without the need for further legislative implementation. The study investigates
whether the South African Constitution allows treaties, particularly human rights
treaties, to be applied by domestic courts without formal incorporation through
national legislation. It analyses the constitutional provisions governing the status of
international law and considers the interpretation adopted by South African courts in
relevant cases such as President of the Republic of South Africa v Quagliani and
Claassen v Minister of Justice and Constitutional Development. The research also
draws on scholarly commentary and comparative perspectives to evaluate whether
international agreements may have direct domestic effect in South Africa. The study
concludes that while international law influences constitutional interpretation, treaties
generally require parliamentary approval and incorporation before they can be
directly enforced in domestic courts.
Assignment 2 Semester 1 2026
RESEARCH REPORT
Due Date: April 2026
The Concept of Self Executing Treaties
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
The Concept of Self Executing Treaties
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE: April 2026)
, For additional support +27 81 278 3372
Abstract
This research examines the concept of self executing treaties within the framework
of South African constitutional law. A self executing treaty is generally understood as
an international agreement that becomes directly enforceable in domestic law
without the need for further legislative implementation. The study investigates
whether the South African Constitution allows treaties, particularly human rights
treaties, to be applied by domestic courts without formal incorporation through
national legislation. It analyses the constitutional provisions governing the status of
international law and considers the interpretation adopted by South African courts in
relevant cases such as President of the Republic of South Africa v Quagliani and
Claassen v Minister of Justice and Constitutional Development. The research also
draws on scholarly commentary and comparative perspectives to evaluate whether
international agreements may have direct domestic effect in South Africa. The study
concludes that while international law influences constitutional interpretation, treaties
generally require parliamentary approval and incorporation before they can be
directly enforced in domestic courts.
