ANSWERS FOR LEG 2601 ASSIGNMENT 1 2023

every court to prefer any reasonable interpretation of legislation which is consistent with international law over any interpretation which is not. Regarding treaties, South Africa follows a dualist approach with respect to the domestic effect of international treaties. While ratification of a treaty creates international obligations for South Africa, the dualist system means that for the treaty obligations to be given the force of law domestically, South Africa cannot simply become a party to the treaty - the treaty must be incorporated into domestic legislation. While treaties and customs are the most important sources of international law, the others mentioned in Article 38 of the ICJ Statute of the ICJ should not be ignored. General principles of law recognized by civilized nations as the third source are seldom mentioned in judgments. The International Court of Justice (ICJ) identifies the sources of international law in the ICJ Statute, Article 38 which reads: The primary sources to be used are: • Treaties. • Customary International Law. • Principles of International Law. • Writings of Publicists. • Judicial Decisions. • Non-Legally Binding Instruments. It is important to note, however, that about human rights, s 39(1)(b) of the Constitution obliges courts in South Africa to consider international law when interpreting the Bill of Rights of the Constitution. In S v Makwanyane [1995] (3) SA 391 (CC) at [35], the Constitutional Court held that reference to international law in this provision includes both binding as well as non-binding international law (this would include treaties that have not been incorporated into domestic legislation).