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 Periodical article |
 Leiden University catalogue |
 WorldCat |
| Title: | 'The Namibian Constitution and the application of international law': a comment |
| Author: | Mtopa, A.M. |
| Year: | 1990 |
| Periodical: | South African Yearbook of International Law |
| Volume: | 16 |
| Pages: | 104-112 |
| Language: | English |
| Geographic term: | Namibia |
| Subjects: | international agreements parliament |
| Abstract: | This comment is confined to the problem of ascertaining the role of the National Assembly of the Republic of Namibia vis-à-vis the negotiation and entry into force of international agreements entered into by the executive. It first discusses the experience of the USA vis-à-vis treaty practice. Then it examines the question of whether the President of Namibia and/or his subordinates can conclude 'executive agreements' similar to those concluded by the executive in the USA. In other words, can the President of Namibia or his subordinates conclude international agreements that can enter into force without the prior agreement of the National Assembly and become part of the law of Namibia? Five basic principles contained in the Constitution of Namibia may assist in answering this question: 1) The State of Namibia should be guided by principles of public international law. 2) The President may negotiate and sign international agreements. 3) The Cabinet should assist the President in determining what international agreements are to be concluded, or acceded or succeeded to, and to report to the National Assembly. 4) The National Assembly agrees to ratification of international agreements negotiated and signed by the executive. 5) International agreements binding upon Namibia under the Constitution shall form part of the law of Namibia. Notes, ref. |
