Introduction

Question 1

Brief History

Answer 1

After the Church/City or Holy Roman Empire were disintegrated, territorial states were established as part of a natural order. Considering that state law became supreme, so too did state interests reign supreme. In response to the lack of a political sovereign, the League of Nations was formed. To avert war and encourage compliance, the Permanent Court of International Justice was established. This led to the development of an international body of law and principles which operated concurrently with those of nation states. International law is entirely based around custom. This is because the subjects of the system generate the rules without recourse to a specialized body such as a legislature. Hence, the legitimacy of international law has been questioned — because it is only binding due to the morality or etiquette of its subjects.

Question 2

The Constitution

Answer 2

Section s 39(1)(b) and 231-233 give international law a very important place in the Constitution.

Question 3

Definition of International Law

Answer 3

International law is a set of rules and principles that bind States in their relations with one another. It deals with human rights, trade, the environment, outer space, territorial boundaries, prosecutions for international crimes etc. International law can be general (applies to every state in the world) or regional (applies only within a particular region of the world). It is non-hierarchical, in the sense that it is a horizontal system of authority, and it is only created on the basis of state consent.