LCP4807
PORTFOLIO Semester 2 2025
Unique number:
Due Date: 31 October 2025
QUESTION 1
1.1.
Dualism and Monism: Two Theories of Relationship
In public international law, the question of how international legal rules operate inside a
country’s legal system has long been debated. Two main schools of thought try to explain
this relationship: dualism and monism. Dualism sees international law and national law as
two separate legal systems. Under this view, international law cannot automatically apply in
a country unless it is first turned into local law by that country's parliament. This process can
happen through transformation, which means changing existing laws to reflect the treaty, or
through incorporation, where a treaty is directly added into local law. Many countries
influenced by British legal tradition, such as South Africa, have generally followed the dualist
approach. This means international treaties must go through a domestic process before they
can be enforced in South African courts.1
Monism, on the other hand, holds that international law and domestic law form one single
Terms of use
By making use of this document you agree to:
system. From this perspective, international law can be applied by domestic courts without
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
QUESTION 1
1.1.
Dualism and Monism: Two Theories of Relationship
In public international law, the question of how international legal rules operate inside a
country’s legal system has long been debated. Two main schools of thought try to explain
this relationship: dualism and monism. Dualism sees international law and national law as
two separate legal systems. Under this view, international law cannot automatically apply
in a country unless it is first turned into local law by that country's parliament. This process
can happen through transformation, which means changing existing laws to reflect the
treaty, or through incorporation, where a treaty is directly added into local law. Many
countries influenced by British legal tradition, such as South Africa, have generally
followed the dualist approach. This means international treaties must go through a
domestic process before they can be enforced in South African courts.1
Monism, on the other hand, holds that international law and domestic law form one single
system. From this perspective, international law can be applied by domestic courts without
any additional local legislation. In monist countries, once a treaty is ratified by the state, it
becomes automatically enforceable in domestic courts. Many Francophone countries,
which follow civil law traditions, are monist and apply treaties directly without needing a
separate law to bring them into effect.2
South Africa does not follow either approach in its strictest form but rather combines
elements of both. The Constitution of 1996, especially sections 231 and 232, outlines how
international law operates within the country. Section 231 makes it clear that treaties only
become part of South African law once they are approved by Parliament and then enacted
into law. This supports the dualist approach. However, section 232 states that customary
international law is automatically part of South African law unless it conflicts with the
Constitution or an Act of Parliament. This leans more towards a monist approach.3
South Africa’s Constitutional Framework: Practical Application
1
M Mooki and P Makama International Human Rights Law: Only study guide for LCP4807 (University of
South Africa 2019) 84.
2
Dugard J et al International Law: A South African Perspective (Juta 2018) 66.
3
Constitution of the Republic of South Africa, 1996, s 231–232.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
PORTFOLIO Semester 2 2025
Unique number:
Due Date: 31 October 2025
QUESTION 1
1.1.
Dualism and Monism: Two Theories of Relationship
In public international law, the question of how international legal rules operate inside a
country’s legal system has long been debated. Two main schools of thought try to explain
this relationship: dualism and monism. Dualism sees international law and national law as
two separate legal systems. Under this view, international law cannot automatically apply in
a country unless it is first turned into local law by that country's parliament. This process can
happen through transformation, which means changing existing laws to reflect the treaty, or
through incorporation, where a treaty is directly added into local law. Many countries
influenced by British legal tradition, such as South Africa, have generally followed the dualist
approach. This means international treaties must go through a domestic process before they
can be enforced in South African courts.1
Monism, on the other hand, holds that international law and domestic law form one single
Terms of use
By making use of this document you agree to:
system. From this perspective, international law can be applied by domestic courts without
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
QUESTION 1
1.1.
Dualism and Monism: Two Theories of Relationship
In public international law, the question of how international legal rules operate inside a
country’s legal system has long been debated. Two main schools of thought try to explain
this relationship: dualism and monism. Dualism sees international law and national law as
two separate legal systems. Under this view, international law cannot automatically apply
in a country unless it is first turned into local law by that country's parliament. This process
can happen through transformation, which means changing existing laws to reflect the
treaty, or through incorporation, where a treaty is directly added into local law. Many
countries influenced by British legal tradition, such as South Africa, have generally
followed the dualist approach. This means international treaties must go through a
domestic process before they can be enforced in South African courts.1
Monism, on the other hand, holds that international law and domestic law form one single
system. From this perspective, international law can be applied by domestic courts without
any additional local legislation. In monist countries, once a treaty is ratified by the state, it
becomes automatically enforceable in domestic courts. Many Francophone countries,
which follow civil law traditions, are monist and apply treaties directly without needing a
separate law to bring them into effect.2
South Africa does not follow either approach in its strictest form but rather combines
elements of both. The Constitution of 1996, especially sections 231 and 232, outlines how
international law operates within the country. Section 231 makes it clear that treaties only
become part of South African law once they are approved by Parliament and then enacted
into law. This supports the dualist approach. However, section 232 states that customary
international law is automatically part of South African law unless it conflicts with the
Constitution or an Act of Parliament. This leans more towards a monist approach.3
South Africa’s Constitutional Framework: Practical Application
1
M Mooki and P Makama International Human Rights Law: Only study guide for LCP4807 (University of
South Africa 2019) 84.
2
Dugard J et al International Law: A South African Perspective (Juta 2018) 66.
3
Constitution of the Republic of South Africa, 1996, s 231–232.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
