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New Perspectives on the Divide Between National and International Law$
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Janne E. Nijman and André Nollkaemper

Print publication date: 2007

Print ISBN-13: 9780199231942

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199231942.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 19 November 2019

International Law and the Evolution of (domestic) Human-Rights Law in Post-1994 South Africa

International Law and the Evolution of (domestic) Human-Rights Law in Post-1994 South Africa

Chapter:
(p.309) 11 International Law and the Evolution of (domestic) Human-Rights Law in Post-1994 South Africa
Source:
New Perspectives on the Divide Between National and International Law
Author(s):

Lourens du Plessis

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199231942.003.0012

This chapter addresses the approach to international law taken by the Constitutional Court of South Africa. It shows that the South African courts' openness to and positive disposition towards international (human-rights) law has not always translated into the strongest possible or most profitable reliance on, and optimally skilful implementation of, international law. This is not necessarily attributable to a peculiarly South African form of parochialism or chauvinism, but rather to (i) deficiencies in the capacity of South African courts and other organs of state to deal with international law; and (ii) (in some specific instances) to the preponderance of domestic political pressures.

Keywords:   Constitutional Court of South Africa, human rights, international law, South African courts, common values, persuasive authority, prescriptive authority, domestic courts

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