Historic Expedition About Application Of International Law In South Africa

Application of International Law is an elementary theoretical issues and classicaltheme in the field of international law. When it comes to Application of InternationalLaw in South Africa, it involves the relationship between international law andmunicipal law, and also makes a great influence on nations’attitude and position to therules of international law applicable. To discuss this issue has already formed "let ahundred schools of thought contend. Undoubtedly, it becomes one of the mostcontroversial issues in international law.The Republic of South Africa used as an unique "kaleidoscope" law in theAfrican continent. Its mixed with all kinds of legal system, legal form is complicated.The norms of international law and municipal law are intertwined in South Africa,how should be apply international law properly in South Africa, it becames the legalissues to be solved.This paper based on the theory in combine with judicial practice, and treated therepublic of South Africa as a research angle of view to explore the relationshipbetween international law and municipal law. Historical analysis method not only onthe Republic of South Africa’s constitutional reform process be clearly set out, butalso the relationship between international law and municipal law of provisionsexpress in the Constitution of the Republic of South Africa.However, the key part ofthis paper is mainly the third to fifth chapter, based on the main line of the historicaldevelopment of the Republic of South Africa in the various constitutional period fordealing with the relationship between international and municipal law provisions,which are detailed in South Africa1993interim constitution to examine before theperiod of the interim constitution of1993and the1996final constitutional period, theconstitutional development of the three important stages made a concrete analysis ofapplicable international law. It including customary international law, internationaltreaties and international human rights law. Before the adoption of a Constitution,there is no international law applicable system requirements in South Africa, but someof the application of the provisions in the legal norms of the dispersion of theprogressive development of international law explicitly provided for in the1993interim constitution period in South Africa ’s legal status, legal effect as well as theapplicable law, improving the various types statute applicable the final constitutional period until1996.Through contrast analysis in different periods, it clearly expoundsthe basic way of various origin with South Africa’s international law applicable, whichare mainly included adoption and transform in the method.Finally, this paper analyzesthe existing international law applicable in different constitution period problem anddeficiency, and the constitutional norms need to practice conducted in-depthresearch.South Africa’s international law adopt to the constitution, but also accept thenorms of human rights into domestic law, to a great extent illustrate the harmoniousrelations between the South African national law system and international law system.