RRLLB81 Assignment 3 PORTFOLIO (QUALITY ANSWERS) Semester 1 2026 - The Concept of Self Executing Treaties

This document provides detailed workings, clear explanations, and well-structured solutions for the RRLLB81 Assignment 3 PORTFOLIO (QUALITY ANSWERS) Semester 1 2026 .... The Concept of Self Executing Treaties A treaty can be described as self-executing treaty if it becomes directly enforceable as part of domestic law in a country upon ratification, this can happen without the treaty being formally implemented by the legislature. This means that the courts can apply the rules of the Downloaded by Pied Zulu () lOMoARcPSD| 60 treaty immediately to grant rights or impose obligations on individuals. The language of the treaty must make it clear that the treaty applies to domestic law without formal implementation. Assessing the South African Constitution, one wonders whether certain treaties can be applied in South African courts even without ratification. It could be argued that all human rights treaties are self-executing in South Africa and may not even require ratification, or this is not legally possible since every law must be properly implemented before it can be enforced. You may also consider a comparative study. Cases President of the Republic of South Africa and Others v Quagliani, President of the Republic of South Africa and Others v Van Rooyen and Another; Goodwin v Director-General, Department of Justice and Constitutional Development and Others 2009 (2) SA 466 (CC) Claassen v Minister of Justice and Constitutional Development 2010 (6) SA 399 (WCC) Books Dugard J, International Law – A South African Perspective (4th edn, Juta 2011) Strydom H (Ed), International Law (3rd edn, Oxford University Press 2025) Legislation Constitution of South Africa, 1996 Journal Articles Bradley CA, ‘Intent, Presumptions, and Non-Self-Executing Treaties’ (2008)102 American Journal of International Law 540 Stotter CW, ‘Self-Executing Treaties and the Human Rights Provisions of the United Nations Charter: A Separation of Powers Problem’ (1976)25 Buffalo Law Review 773