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 Periodical article |
 Leiden University catalogue |
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| Title: | Informal international agreements under the 1996 Constitution |
| Author: | Olivier, Michèle |
| Year: | 1997 |
| Periodical: | South African Yearbook of International Law |
| Volume: | 22 |
| Pages: | 63-75 |
| Language: | English |
| Geographic term: | South Africa |
| Subjects: | international agreements constitutions 1996 |
| Abstract: | The 1996 Constitution of South Africa provides for involvement of both the executive and parliament in the approval of the conclusion of international agreements. Unfortunately, the democratization of the decisionmaking process for the conclusion of international agreements is time-consuming and not conducive to the urgency often associated with such international action. This process may be streamlined by defining the term 'international agreement' in order to ascertain to which agreements formal constitutional requirements apply. The focus here is on informal international agreements which are not intended to be legally binding. The basic criterion for distinguishing between treaties and informal international agreements lies in the intention of the parties. Certain criteria have developed to assist in ascertaining whether or not the parties intended creating a legally binding document, viz. language, designation, subject matter/content, surrounding circumstances, international registration, and municipal law. Even though informal agreements are considered legally non-binding, this does not mean they are entirely without consequences. South African practice at the office of the Principal State Law Adviser (International Law) at the Department of Foreign Affairs is based on the definition of a treaty as provided by the Vienna Convention. Notes, ref. |
