International Law 2

Question 1

Who is responsible for the enactment of International Law?

Answer 1

Section 231(1) The negotiating & signing of all international agreements is the responsibility of the national executive

Question 2

When does an Internal Agreement become binding in RSA

Answer 2

Section 231(2) An international agreement becomes binds the Republic only after it has been approved by resolution in both the NA & NCoP unless it’s an agreement referred to in subsection 3

Section 231(3)
An IA of a technical, administrative or executive nature, or an agreement which does not require either ratification or accession, entered into by the national excutive, binds the Republic w/o approval by the NA & the NCoP but must be tabled in the Assembly & Council w/in reasonable time.

Question 3

Do we have self-executing provisions of an IA

Answer 3

Section 231(4)

Question 4

Define an International Treaty & types

Answer 4

It is a written International agreement between states inter se, or between states & international organisations, in which that agreement is governed by the principles of IL.

Types:
Conventions, declarations, charters, convenants, pacts, protocols and the exchange of notes

Question 5

Distinguish between bilateral International treaties & multilateral International treaties

Answer 5

Bilateral International treaty- between two states only

Multilateral International treaty- involves many states

Question 6

Does International law prescribe how a state should exercise it’s treaty making powers?

Answer 6

No. International law does not prescribe how a state should exercise its treaty-making powers as this is decided by the law of each state. As seen in section 231(1) of the Const which states that the treaty-making powers rest w the national executive

Question 7

Who is responsible for the negotiation & drafting of treaties?

Answer 7

The Department of International Relations & Co-operation

Question 8

Define ratification & discuss it’s process

Answer 8

Ratification- is the act of endorsing the signing of a treaty

Process:

This enabled the ratifying state to reconsider the treaty & to make changes in its laws to comply w the treaty.

The Const requires parliament to ratify a treaty. “Resolution” section 231(1)

When Par has agreed to the ratification of or the accession to a treaty by RESOLUTION that treaty will be binding in the RSA- section 231(2)

Some treaties don’t require ratification to be binding- section 231(3)

Question 9

What does the doctrine of judicial precedent state?

Answer 9

States that ratification of a treaty isn’t required where an intention to dispense w ratification can be inferred from the nature of the treaty & the manner in which it was negotiated- section 231(3)

Question 10

Distinguish between the 2 approaches for the implementation of international treaties in a country’s domestic law

Answer 10

Dualistic approach- A distinction is made between the binding force of a treaty in international law & the domestic law of a country

• The provisions of the relevant treaty can’t be implemented until the domestic law has been enacted

Monist approach:
- Does not require a further act of legislative incorporation b4 a treaty becomes part of that country’s municipal law