Giving effect to treaties in the domestic law of Botswana: modern judicial practice

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Periodical article

Title:	Giving effect to treaties in the domestic law of Botswana: modern judicial practice
Author:	Tshosa, Onkemetse Baster
Year:	1997
Periodical:	Lesotho Law Journal: A Journal of Law and Development
Volume:	10
Issue:	2
Pages:	205-224
Language:	English
Geographic term:	Botswana
Subjects:	international agreements public law human rights
Abstract:	This article examines the status and role of international conventions in the municipal law of Botswana in the light of the decision in Attorney-General of Botswana v Unity Dow (1992). It concludes that the position of treaties in Botswana municipal law is governed by the dualist principle which means that, in the absence of legislation, treaties cannot have a role or be invoked and utilized in municipal law, especially in court proceedings. Significantly, however, courts have designed some devices through which to utilize and transmute international norms embodied in unincorporated treaties, especially human rights treaties, into domestic law. First, courts rely on unincorporated treaties to interpret ambiguous and unclear domestic law. Secondly, decisions of international treaties, particularly on human rights, have also been invoked and utilized to interpret national human rights legislation. Thirdly, there is an emerging practice of using treaties to challenge subordinate legislation for unreasonableness. Notes, ref.