THEME 3 (CHAPTER 21) - GENERAL PROVISIONS +
TRANSITIONAL ARRANGEMENTS
Wednesday, 23 June 2021 08:54
- Chapter 14 of C:
○ Final chapter
○ Principles of international law
○ Self-determination
○ Agency + delegation
○ Definition
○ Transitional arrangements
INTERNATIONAL LAW
- Body of law which binds/regulates states in the world in relation to their relationships
with other states
- Before 1993, all previous SA C's ignored IL and was regarded as inferior to SA domestic
law
- IC and 1996 C changed this position
○ IL has a central place in SA's new C
- Sources of international law:
○ International conventions (agreements/treaties)
○ Customary IL
○ General principles of law recognised by civilised nations
○ Judicial decisions and the teachings of the most highly qualified publicists
1. International Agreements
- Section 231 of the C
○ Read in 2 stages:
○ 1st step: negotiating and signing; must be approved by resolution
○ 2nd step: must be enacted (Act of P) for international agreement to become
integrated into SA law
- Glenister case
- Treaty: a written (international) agreement between states or between states and
TRANSITIONAL ARRANGEMENTS
Wednesday, 23 June 2021 08:54
- Chapter 14 of C:
○ Final chapter
○ Principles of international law
○ Self-determination
○ Agency + delegation
○ Definition
○ Transitional arrangements
INTERNATIONAL LAW
- Body of law which binds/regulates states in the world in relation to their relationships
with other states
- Before 1993, all previous SA C's ignored IL and was regarded as inferior to SA domestic
law
- IC and 1996 C changed this position
○ IL has a central place in SA's new C
- Sources of international law:
○ International conventions (agreements/treaties)
○ Customary IL
○ General principles of law recognised by civilised nations
○ Judicial decisions and the teachings of the most highly qualified publicists
1. International Agreements
- Section 231 of the C
○ Read in 2 stages:
○ 1st step: negotiating and signing; must be approved by resolution
○ 2nd step: must be enacted (Act of P) for international agreement to become
integrated into SA law
- Glenister case
- Treaty: a written (international) agreement between states or between states and
