these notes serve as a 'cheat sheet' for cases, advisory opinions, relevant articles of UNC, DASR, ICC, ICJ and relevant sections of the Constitution. They provide an overview of relevant articles, useful links as well as ratio of the various cases and advisory opinions from term 1 and 2
International Law Cheat Sheet
TERM 1
**note: these notes contain cases and advisory opinions that were most useful/important
when answering questions, therefore, not all cases are included. I included cases that
were most useful and seen in multiple MCQ and long answer questions. Additionally,
these notes serve as a guide to navigate the sources as well as to summarise what is
required for us to know, therefore, they are not meant to explain content in depth**
CONTENT:
- Constitution
- United Nations Charter
- ICJ statute
- Draft Articles
- Rome Statute
- Cases and Advisory opinions
- 39(1)(b): when interpreting the BOR under s. 39(1)(b) must consider all the relevant
binding and non-binding sources of international law (Makwanyane)
- S231-233: regulates how IL becomes a part of domestic law
- s231(3): treaties that fall under the exception which only requires the executive to
sign the treaty for it to bind that state under international law
- S232: CIL is law in Republic unless inconsistent with the Constitution or an Act
- S233: application of international law “prefer any reasonable interpretation…that
is consistent with international law”
United Nations Charter (UNC)
https://www.un.org/en/about-us/un-charter/chapter-1
- Art. 2(4): Broad prohibition of the use (and threat) of force (exceptions: art. 51 and SC
Chapter VII authorisation). Limited to armed/military force (confirmed in CIL)
- Art. 2(7): the UN may not intervene in matters which are ‘essentially within a state’s
domestic jurisdiction’ (non-intervention principle)
- the GA’s jurisdiction is limited by arts 2(7) and 12.
- Art. 11: The GA may make recommendations to the SC or members on the general
principles of co- operation in the maintenance of international peace and security.
Kaya Borkowski
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