PBL CH 14

Question 1

International Law

Answer 1

1) Before 1993 all previous SA Constitutions ignored international law– regarded as inferior.
2) Interim & Constitution of the Republic of South Africa, 1996 changed this position.
3) Central place in SA’s new constitutional dispensation

Question 2

Dualist approach

Answer 2

Provisions of the treaty cannot be implemented until domestic law has been enacted

Question 3

Monist approach

Answer 3

Does not require a further act of legislative incorporation before a treaty becomes part of that country’s municipal
law.

Question 4

Ratification

Answer 4

An act of endorsement of the signing of a treaty

Question 5

Constitution provides

Answer 5

that negotiating and signing of all
international agreements is the responsibility of the National Executive

Question 6

Department of International Relations and Co-operation

Answer 6

In practice responsible for taking part in the drafting and negotiating of treaties