100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
Previously searched by you
Summary PBL 320: EVERYTHING FOR SEMESTER TEST 2 (2023) - NATIONAL AND INTERNATIONAL LAW + INTERNATIONAL ORGANIZATIONS + RECOGNITION OF STATES AND GOVERNMENTS + JURISDICTION + IMMUNITY$8.56
Add to cart
Summary PBL 320: EVERYTHING FOR SEMESTER TEST 2 (2023) - NATIONAL AND INTERNATIONAL LAW + INTERNATIONAL ORGANIZATIONS + RECOGNITION OF STATES AND GOVERNMENTS + JURISDICTION + IMMUNITY
- IL conflicts with NL internationally IL applies.
The Constitution & CIL
Before Consti
- Consti did not make provision for IL.
- Courts applied a stricter test than IL for proving CIL
DU TOIT v KRUGER CIL rule to apply
- Universally accepted.
NDULI CIL rule to apply
- Universal recognition.
INTER-SCIENCE Correct approach
RESEARCH - Does not need universal recognition.
S v PETANE CIL rule to apply
- Widely accepted.
,Under Consti
- S232 CIL forms part of NL unless inconsistent with Consti or legi
o Compels court to:
(1) Determine existence of CIL rule.
(2) Determine whether rule is consistent with Consti or legi.
o IL trumps common law and judicial decisions.
- S233 when interpreting legi the court must prefer an interpretation
consistent with IL.
- Minister of Justice v SALC role of courts
o Ascertain and apply CIL not develop it.
Domesticating treaties
3 steps Set out in Glenister case
1. National executive negotiates and signs the treaty
- Does not automatically bind SA unless: NAR
o It is of a T / A / E nature s231(3).
2. Approval by resolution of Parliament
- Does not make it NL unless:
o It is a self-executing agreement s231(4).
- SA incurs liability if it doesn’t observe the treaty.
3. Ratification
- Treaty becomes NL
o Enjoys same status as other legi unless parliament makes it superior.
, Withdrawal from a treaty
Democratic Alliance case
- S231 executives’ powers to enter into treaties does not translate into
powers to withdraw from them
o Withdrawal = ratification.
o S231(2) withdrawal needs approval from Parliament (SoP).
Treaties of T / A / E nature
Earth Life case
- Agreements of routine nature flowing from daily activities of government
activities.
- Come into force by signature don’t need ratification
o No approval from Parliament.
- BUT s231(3) agreement must be tabled in NA and NCoP within reasonable
time.
Self-executing treaties
Quagliani case
- S231(4) Consti self-executing treaties approved by parliament do not have
to be enacted into NL to apply.
- Court did not see need to define “self-executing treaty” because the EA sets
out enforcement for the agreement
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller kiaradavey. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $8.56. You're not tied to anything after your purchase.
