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 Periodical article |
 Leiden University catalogue |
 WorldCat |
| Title: | Treaty making in South Africa: a reassessment |
| Author: | Botha, Neville |
| Year: | 2000 |
| Periodical: | South African Yearbook of International Law |
| Volume: | 25 |
| Pages: | 69-96 |
| Language: | English |
| Geographic term: | South Africa |
| Subjects: | international agreements constitutions 1996 |
| Abstract: | In terms of section 231(1) of the 1996 Constitution of South Africa, the negotiation and signature of all international agreements is the responsibility of the national executive, which consists of the President and the Cabinet. Sections 231(2) and (3) lay down procedures governing domestic approval for the conclusion of international agreements, making a distinction between agreements which require only executive approval but must be tabled in parliament, and agreements which require both executive and parliamentary approval before they are binding on the Republic. In bringing together various aspects of treaty law as currently practised in South Africa, the author considers the role of the legislature in the South African treaty process, the idea of consultation, the question of reservations to treaties, treaty termination, and the implementation of treaty commitments, publication and transmittal requirements, the position of legally binding decisions of international organizations, the incorporation of treaties into national law, the interrelationship between treaties concluded at different periods, the role of international law in interpreting legislation, the application of unincorporated treaties, and the status of international agreements concluded by subnational entities. Notes, ref. |
