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LCP4807 October
November Portfolio
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
31 October 2025
NO PLAGIARISM
[Pick the date]
[Type the abstract of the document here. The abstract is typically a short summary of the contents of
the document. Type the abstract of the document here. The abstract is typically a short summary of
the contents of the document.]
,xam (elaborations)
LCP4807 October November Portfolio
(COMPLETE ANSWERS) Semester 2 2025 -
DUE 31 October 2025
LCP4807 October November Portfolio (COMPLETE ANSWERS) Semester 2
2025 - DUE 31 October 2025; 100% TRUSTED Complete, trusted solutions
and explanations. Ensure your success with us.
QUESTION 1 “Whatever the jurisprudential basis for the application of
international law in municipal law may be, the undeniable fact is that
international law is today applied in municipal courts with more frequency
than in the past. In so doing courts seldom question the theoretical
explanation for their recourse to international law.” 1.1. With the above
background, critically discuss the two approaches and the application of
international law in South Africa. (25) 1.2. Critically discuss the enforcement
mechanisms under the American Convention on Human Rights with a
specific focus on the Inter-American Commission on Human Rights. (25)
1.1. Critical Discussion of the Two Approaches and the
Application of International Law in South Africa 🇿🇦
The application of international law in municipal (domestic) legal systems is governed by two
principal theoretical approaches: Monism and Dualism.1 The South African legal system,
particularly after the 1996 Constitution, adopts a mixed approach, which is crucial to
understanding the country's relationship with international law.
The Two Theoretical Approaches
Municipal Law
Approach Core Principle Critical Analysis
Application
Monism International law International law is Pro: Promotes greater adherence to
and municipal law automatically international law and human rights
are part of a single, incorporated into norms. Con: Can undermine the
unified legal municipal law without the principle of parliamentary
system. need for a specific sovereignty by giving direct effect to
legislative act. It can be international obligations that have not
directly applied by been scrutinized or approved by the
, Municipal Law
Approach Core Principle Critical Analysis
Application
domestic courts. legislature.
Pro: Upholds parliamentary
International law,
sovereignty and the democratic
International law particularly treaties, must
process by ensuring the legislature
and municipal law be transformed or
explicitly consents to international
are separate and incorporated into
obligations becoming domestic law.
Dualism distinct legal municipal law through an
Con: Can create a gap between
systems operating enabling legislative act
international obligation and domestic
in different (e.g., an Act of Parliament)
implementation, potentially leading to
spheres. before it can be applied by
a state's non-compliance with its
domestic courts.
international duties.
Application in South Africa (Post-1996 Constitution)
The South African Constitution (Act 108 of 1996) establishes a mixed system for the application
of international law, which is often described as "international-law friendly":2
Customary International Law (CIL): The Constitution adopts a monist approach.3
Section 232 states: "Customary international law is law in the Republic unless it is
inconsistent with the Constitution or an Act of Parliament."4
o Critical Discussion: CIL is automatically incorporated. However, this
incorporation is not absolute; it is subject to a vertical hierarchy, being
subordinate to both the Constitution and Acts of Parliament. The courts can
take judicial notice of CIL.
International Agreements (Treaties): South Africa largely adopts a dualist approach to
treaties.5
o Ratification (Executive Act): The Executive (President) signs and ratifies
treaties.
o Incorporation (Legislative Act): Section 231(4) dictates that an international
agreement becomes law in the Republic only when it is enacted into law by
national legislation (the dualist requirement).6
o Critical Discussion: This process respects the separation of powers, ensuring
that the Executive cannot unilaterally create domestic law; the democratically
elected Parliament must approve and enact the treaty's terms. However, it can
delay or entirely block the domestic effect of a treaty, even if the state is bound
internationally.
LCP4807 October
November Portfolio
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
31 October 2025
NO PLAGIARISM
[Pick the date]
[Type the abstract of the document here. The abstract is typically a short summary of the contents of
the document. Type the abstract of the document here. The abstract is typically a short summary of
the contents of the document.]
,xam (elaborations)
LCP4807 October November Portfolio
(COMPLETE ANSWERS) Semester 2 2025 -
DUE 31 October 2025
LCP4807 October November Portfolio (COMPLETE ANSWERS) Semester 2
2025 - DUE 31 October 2025; 100% TRUSTED Complete, trusted solutions
and explanations. Ensure your success with us.
QUESTION 1 “Whatever the jurisprudential basis for the application of
international law in municipal law may be, the undeniable fact is that
international law is today applied in municipal courts with more frequency
than in the past. In so doing courts seldom question the theoretical
explanation for their recourse to international law.” 1.1. With the above
background, critically discuss the two approaches and the application of
international law in South Africa. (25) 1.2. Critically discuss the enforcement
mechanisms under the American Convention on Human Rights with a
specific focus on the Inter-American Commission on Human Rights. (25)
1.1. Critical Discussion of the Two Approaches and the
Application of International Law in South Africa 🇿🇦
The application of international law in municipal (domestic) legal systems is governed by two
principal theoretical approaches: Monism and Dualism.1 The South African legal system,
particularly after the 1996 Constitution, adopts a mixed approach, which is crucial to
understanding the country's relationship with international law.
The Two Theoretical Approaches
Municipal Law
Approach Core Principle Critical Analysis
Application
Monism International law International law is Pro: Promotes greater adherence to
and municipal law automatically international law and human rights
are part of a single, incorporated into norms. Con: Can undermine the
unified legal municipal law without the principle of parliamentary
system. need for a specific sovereignty by giving direct effect to
legislative act. It can be international obligations that have not
directly applied by been scrutinized or approved by the
, Municipal Law
Approach Core Principle Critical Analysis
Application
domestic courts. legislature.
Pro: Upholds parliamentary
International law,
sovereignty and the democratic
International law particularly treaties, must
process by ensuring the legislature
and municipal law be transformed or
explicitly consents to international
are separate and incorporated into
obligations becoming domestic law.
Dualism distinct legal municipal law through an
Con: Can create a gap between
systems operating enabling legislative act
international obligation and domestic
in different (e.g., an Act of Parliament)
implementation, potentially leading to
spheres. before it can be applied by
a state's non-compliance with its
domestic courts.
international duties.
Application in South Africa (Post-1996 Constitution)
The South African Constitution (Act 108 of 1996) establishes a mixed system for the application
of international law, which is often described as "international-law friendly":2
Customary International Law (CIL): The Constitution adopts a monist approach.3
Section 232 states: "Customary international law is law in the Republic unless it is
inconsistent with the Constitution or an Act of Parliament."4
o Critical Discussion: CIL is automatically incorporated. However, this
incorporation is not absolute; it is subject to a vertical hierarchy, being
subordinate to both the Constitution and Acts of Parliament. The courts can
take judicial notice of CIL.
International Agreements (Treaties): South Africa largely adopts a dualist approach to
treaties.5
o Ratification (Executive Act): The Executive (President) signs and ratifies
treaties.
o Incorporation (Legislative Act): Section 231(4) dictates that an international
agreement becomes law in the Republic only when it is enacted into law by
national legislation (the dualist requirement).6
o Critical Discussion: This process respects the separation of powers, ensuring
that the Executive cannot unilaterally create domestic law; the democratically
elected Parliament must approve and enact the treaty's terms. However, it can
delay or entirely block the domestic effect of a treaty, even if the state is bound
internationally.
