RRLLB81
Assignment 2 Semester 1 2026
RESEARCH REPORT
Due Date: April 2026
Detailed solutions, explanations, workings
and references.
+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)
Varsity Cube 2026 +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.
Varsity Cube 2026 +27 81 278 3372
Assignment 2 Semester 1 2026
RESEARCH REPORT
Due Date: April 2026
Detailed solutions, explanations, workings
and references.
+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)
Varsity Cube 2026 +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.
Varsity Cube 2026 +27 81 278 3372
