6. The role and place of public international law in South African law. (Reference to the SA Constitution, essential
treaties and conventions, and the relationship between international law and domestic law)
Public international law plays a significant role in South African law, as it is recognized and incorporated into the legal framework of the country. The South African Constitution, as the supreme law of the land, explicitly recognizes the importance of international law. Section 231(1) of the Constitution states that international agreements bind the Republic and must be observed by the government.
Essential treaties and conventions, such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the African Charter on Human and Peoples' Rights, are also incorporated into South African law. These international instruments are given legal force through domestic legislation and court decisions, allowing individuals to rely on them in domestic courts.
Furthermore, the relationship between international law and domestic law in South Africa is complex and evolving. The Constitution serves as a bridge between international law and domestic law, ensuring that South Africa complies with its international obligations while respecting the principles of sovereignty and the separation of powers. The Constitutional Court has played a significant role in interpreting and applying international law in domestic cases, emphasizing the importance of upholding human rights and promoting global standards of justice.
In conclusion, public international law holds a prominent place in South African law, with the Constitution serving as the cornerstone for ensuring the country's compliance with its international obligations. Treaties and conventions are essential components of the legal system, and the relationship between international law and domestic law continues to evolve through judicial interpretation and the promotion of human rights.