LCP4807 October
November Portfolio
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
31 October 2025
NO
PLAGIARISM
[School]
[Course title]
, Exam (elaborations)
LCP4807 October November Portfolio (COMPLETE ANSWERS) Semester 2 2025 -
DUE 31 October 2025
Institution
University Of South Africa (Unisa)
Course
International Human Rights Law (LCP4807)
LCP4807 October November Portfolio (COMPLETE ANSWERS) Semester 2 2025 -
DUE 31 October 2025; 100% TRUSTED Complete, trusted solutions and explanations.
1 “Whatever the jurisprudential basis for the application of international law in
municipal law may be, the undeniable fact is that international law is today applied in
municipal courts with more frequency than in the past. In so doing courts seldom
question the theoretical explanation for their recourse to international law.” 1.1. With
the above background, critically discuss the two approaches and the application of
international law in South Africa. (25) The Two Theoretical Approaches
A. Dualism
Feature Description Critical Analysis
Principle International law Strenuous on
and municipal law are two Sovereignty: Upholds
separate, distinct legal State sovereignty by
systems operating on reserving the right of
, Feature Description Critical Analysis
the national legislature
different planes (different to determine the effect
subjects, sources, and of international
scope). agreements
domestically.
International law
Rigid and Slow:
(especially treaties)
This process is often
cannot be applied directly
time-consuming and
by national courts. It
Requirement can lead to a state
requires an Act of
for Application being in violation of its
Transformation (e.g.,
international treaty
specific legislation) to be
obligations even if it
incorporated into the
intends to comply.
national legal order.
Application to Treaties are seen as South Africa's
Treaties binding the State on the Approach: South Africa
international plane but is essentially Dualist
not domestically until with respect to Treaties
transformed. (Section 231 of the
, Feature Description Critical Analysis
Constitution).
B. Monism
Feature Description Critical Analysis
International law Promotes
and municipal law form a Human Rights: Favors
single, unified legal the direct and
order. International law immediate application
Principle sits at the top of the of international norms,
hierarchy or is aligning the domestic
incorporated into the legal order with
domestic system by international human
default. rights standards.
Requirement International law Challenges
for Application is directly applicable or Sovereignty: Can be
self-executing in national viewed as intrusive, as it
courts without the need allows international
for transformation rules to override or
legislation. It is simply contradict national
received into the statutes without
November Portfolio
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
31 October 2025
NO
PLAGIARISM
[School]
[Course title]
, Exam (elaborations)
LCP4807 October November Portfolio (COMPLETE ANSWERS) Semester 2 2025 -
DUE 31 October 2025
Institution
University Of South Africa (Unisa)
Course
International Human Rights Law (LCP4807)
LCP4807 October November Portfolio (COMPLETE ANSWERS) Semester 2 2025 -
DUE 31 October 2025; 100% TRUSTED Complete, trusted solutions and explanations.
1 “Whatever the jurisprudential basis for the application of international law in
municipal law may be, the undeniable fact is that international law is today applied in
municipal courts with more frequency than in the past. In so doing courts seldom
question the theoretical explanation for their recourse to international law.” 1.1. With
the above background, critically discuss the two approaches and the application of
international law in South Africa. (25) The Two Theoretical Approaches
A. Dualism
Feature Description Critical Analysis
Principle International law Strenuous on
and municipal law are two Sovereignty: Upholds
separate, distinct legal State sovereignty by
systems operating on reserving the right of
, Feature Description Critical Analysis
the national legislature
different planes (different to determine the effect
subjects, sources, and of international
scope). agreements
domestically.
International law
Rigid and Slow:
(especially treaties)
This process is often
cannot be applied directly
time-consuming and
by national courts. It
Requirement can lead to a state
requires an Act of
for Application being in violation of its
Transformation (e.g.,
international treaty
specific legislation) to be
obligations even if it
incorporated into the
intends to comply.
national legal order.
Application to Treaties are seen as South Africa's
Treaties binding the State on the Approach: South Africa
international plane but is essentially Dualist
not domestically until with respect to Treaties
transformed. (Section 231 of the
, Feature Description Critical Analysis
Constitution).
B. Monism
Feature Description Critical Analysis
International law Promotes
and municipal law form a Human Rights: Favors
single, unified legal the direct and
order. International law immediate application
Principle sits at the top of the of international norms,
hierarchy or is aligning the domestic
incorporated into the legal order with
domestic system by international human
default. rights standards.
Requirement International law Challenges
for Application is directly applicable or Sovereignty: Can be
self-executing in national viewed as intrusive, as it
courts without the need allows international
for transformation rules to override or
legislation. It is simply contradict national
received into the statutes without
