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International law in the post-1994 South African constitutions : terminology and applicationLamprecht, Andries Albertus 01 January 2002 (has links)
An important change wrought by the post-1994 South African Constitutions is the attempt to
have South Africa recognised as a democratic and sovereign state in the "family of nations."
The new Constitutions make extensive reference to the state's international obligations and
represent an endeavour to [re]define the status of international law vis-a-vis national law.
Some provisions utilise international law in the interpretation and formulation of national
jurisprudence and represent an [albeit not totally successful] endeavour to attain greater
harmonisation between international and national law.
This is an attempt to systematize the various criticisms levelled against these provisions to
date, and to highlight certain interpretational difficulties and problems that present themselves
in the process. The distinction between the various terminologies and branches of
international law is also taken to task. Lastly, this paper attempts to determine the extent to which international law is applied at national level under the post-1994 constitutions. / Jurisprudence / LL. M.
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International law in the post-1994 South African constitutions : terminology and applicationLamprecht, Andries Albertus 01 January 2002 (has links)
An important change wrought by the post-1994 South African Constitutions is the attempt to
have South Africa recognised as a democratic and sovereign state in the "family of nations."
The new Constitutions make extensive reference to the state's international obligations and
represent an endeavour to [re]define the status of international law vis-a-vis national law.
Some provisions utilise international law in the interpretation and formulation of national
jurisprudence and represent an [albeit not totally successful] endeavour to attain greater
harmonisation between international and national law.
This is an attempt to systematize the various criticisms levelled against these provisions to
date, and to highlight certain interpretational difficulties and problems that present themselves
in the process. The distinction between the various terminologies and branches of
international law is also taken to task. Lastly, this paper attempts to determine the extent to which international law is applied at national level under the post-1994 constitutions. / Jurisprudence / LL. M.
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