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Periodical article |
| Title: | Succession to treaties under the Namibian Constitution |
| Author: | Szasz, P.C. |
| Year: | 1989 |
| Periodical: | South African Yearbook of International Law |
| Volume: | 15 |
| Pages: | 65-80 |
| Language: | English |
| Geographic term: | Namibia |
| Subjects: | State succession international agreements |
| Abstract: | There are a number of constitutional provisions relevant to the treaty relations of Namibia. In particular, the National Assembly of Namibia has the power and function to decide 'whether or not to succeed to such international agreements as may have been entered into prior to independence by administrations within Namibia in which the majority of the Namibian people have historically not enjoyed democratic representation and participation' (art. 63 (2)(d). Furthermore, 'all existing international agreements binding upon Namibia shall remain in force, unless and until the National Assembly acting under art. 63(2)(d) hereof otherwise decides' (art. 143). To determine what treaties continue in force and what treaties are subject to the National Assembly's review, the author distinguishes five categories of treaties and determines in the case of each category whether or not it falls under the two articles cited. Ann., notes, ref. |