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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Treaty making in South Africa: a reassessment
Author:Botha, NevilleISNI
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.
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