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International Law

International Law encompasses the body of rules and principles that are binding upon states in their relations with one another.

General international rules are binding on all states, while particular rules of international law are created by treaties, establishing a legal relationship only between the states that are parties to that treaty.

In modern international law international organisations, such as the United Nations and its specialised agencies are accorded international legal personality.

Even individuals are beneficiaries of, and are thus protected by, international law underpinned by treaties.
South Africa is a member state of the United Nations and as such is a party to a myriad of treaties with other United Nations member states. Treaties may be enacted by act of Parliament or by sub-ordinate legislation. In this regard it should be noted that a common error is made when legal firms refer to their expertise relating to “municipal law”. In the context of international law “municipal law” in actual fact refers to national (state) law.

The relevance of international law lies in the fact that the South African Constitution requires our courts, when developing customary or common law, (during interpretation of legislation) to consider international law.

In this regard our international law expertise extends to:

• Air and space law
• Communications law
• Law of the sea
• International trade law
• International economic relations
• The African Union
• Environmental law
• Recognition of States, governments and their laws
• Territory
• International crimes
• Extradition
• Immunity (Diplomatic, Consular and others)
• Diplomatic and alien protection
• Refugees