LCP4807
PORTFOLIO Semester 2 2025
2 2025
Unique Number:
Due date: 31 October 2025
QUESTION 1
1.1.
Dualism and Monism: Two Theories of Relationship
In public international law, the question of how international legal rules operate inside a
country’s legal system has long been debated. Two main schools of thought try to explain
this relationship: dualism and monism. Dualism sees international law and national law as
two separate legal systems. Under this view, international law cannot automatically apply in
a country unless it is first turned into local law by that country's parliament. This process can
happen through transformation, which means changing existing laws to reflect the treaty, or
through incorporation, where a treaty is directly added into local law. Many countries
influenced by British legal tradition, such as South Africa, have generally followed the dualist
approach. This means international treaties must go through a domestic process before they
can be enforced in South African courts.1
Monism, on the other hand, holds that international law and domestic law form one single
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
QUESTION 1
1.1.
Dualism and Monism: Two Theories of Relationship
In public international law, the question of how international legal rules operate inside
a country’s legal system has long been debated. Two main schools of thought try to
explain this relationship: dualism and monism. Dualism sees international law and
national law as two separate legal systems. Under this view, international law cannot
automatically apply in a country unless it is first turned into local law by that country's
parliament. This process can happen through transformation, which means changing
existing laws to reflect the treaty, or through incorporation, where a treaty is directly
added into local law. Many countries influenced by British legal tradition, such as
South Africa, have generally followed the dualist approach. This means international
treaties must go through a domestic process before they can be enforced in South
African courts.1
Monism, on the other hand, holds that international law and domestic law form one
single system. From this perspective, international law can be applied by domestic
courts without any additional local legislation. In monist countries, once a treaty is
ratified by the state, it becomes automatically enforceable in domestic courts. Many
Francophone countries, which follow civil law traditions, are monist and apply
treaties directly without needing a separate law to bring them into effect.2
South Africa does not follow either approach in its strictest form but rather combines
elements of both. The Constitution of 1996, especially sections 231 and 232, outlines
how international law operates within the country. Section 231 makes it clear that
treaties only become part of South African law once they are approved by Parliament
and then enacted into law. This supports the dualist approach. However, section 232
states that customary international law is automatically part of South African law
1
M Mooki and P Makama International Human Rights Law: Only study guide for LCP4807 (University
of South Africa 2019) 84.
2
Dugard J et al International Law: A South African Perspective (Juta 2018) 66.
PORTFOLIO Semester 2 2025
2 2025
Unique Number:
Due date: 31 October 2025
QUESTION 1
1.1.
Dualism and Monism: Two Theories of Relationship
In public international law, the question of how international legal rules operate inside a
country’s legal system has long been debated. Two main schools of thought try to explain
this relationship: dualism and monism. Dualism sees international law and national law as
two separate legal systems. Under this view, international law cannot automatically apply in
a country unless it is first turned into local law by that country's parliament. This process can
happen through transformation, which means changing existing laws to reflect the treaty, or
through incorporation, where a treaty is directly added into local law. Many countries
influenced by British legal tradition, such as South Africa, have generally followed the dualist
approach. This means international treaties must go through a domestic process before they
can be enforced in South African courts.1
Monism, on the other hand, holds that international law and domestic law form one single
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
QUESTION 1
1.1.
Dualism and Monism: Two Theories of Relationship
In public international law, the question of how international legal rules operate inside
a country’s legal system has long been debated. Two main schools of thought try to
explain this relationship: dualism and monism. Dualism sees international law and
national law as two separate legal systems. Under this view, international law cannot
automatically apply in a country unless it is first turned into local law by that country's
parliament. This process can happen through transformation, which means changing
existing laws to reflect the treaty, or through incorporation, where a treaty is directly
added into local law. Many countries influenced by British legal tradition, such as
South Africa, have generally followed the dualist approach. This means international
treaties must go through a domestic process before they can be enforced in South
African courts.1
Monism, on the other hand, holds that international law and domestic law form one
single system. From this perspective, international law can be applied by domestic
courts without any additional local legislation. In monist countries, once a treaty is
ratified by the state, it becomes automatically enforceable in domestic courts. Many
Francophone countries, which follow civil law traditions, are monist and apply
treaties directly without needing a separate law to bring them into effect.2
South Africa does not follow either approach in its strictest form but rather combines
elements of both. The Constitution of 1996, especially sections 231 and 232, outlines
how international law operates within the country. Section 231 makes it clear that
treaties only become part of South African law once they are approved by Parliament
and then enacted into law. This supports the dualist approach. However, section 232
states that customary international law is automatically part of South African law
1
M Mooki and P Makama International Human Rights Law: Only study guide for LCP4807 (University
of South Africa 2019) 84.
2
Dugard J et al International Law: A South African Perspective (Juta 2018) 66.
