International Law Cheat Sheet
TERM 1
**note: these notes contain cases and advisory opinions that were most useful/important
when answering questions, therefore, not all cases are included. I included cases that
were most useful and seen in multiple MCQ and long answer questions. Additionally,
these notes serve as a guide to navigate the sources as well as to summarise what is
required for us to know, therefore, they are not meant to explain content in depth**
CONTENT:
- Constitution
- United Nations Charter
- ICJ statute
- Draft Articles
- Rome Statute
- Cases and Advisory opinions
Constitution
https://www.justice.gov.za/legislation/constitution/saconstitution-web-eng.pdf
- 39(1)(b): when interpreting the BOR under s. 39(1)(b) must consider all the relevant
binding and non-binding sources of international law (Makwanyane)
- S231-233: regulates how IL becomes a part of domestic law
- s231(3): treaties that fall under the exception which only requires the executive to
sign the treaty for it to bind that state under international law
- S232: CIL is law in Republic unless inconsistent with the Constitution or an Act
- S233: application of international law “prefer any reasonable interpretation…that
is consistent with international law”
United Nations Charter (UNC)
https://www.un.org/en/about-us/un-charter/chapter-1
- Art. 2(4): Broad prohibition of the use (and threat) of force (exceptions: art. 51 and SC
Chapter VII authorisation). Limited to armed/military force (confirmed in CIL)
- Art. 2(7): the UN may not intervene in matters which are ‘essentially within a state’s
domestic jurisdiction’ (non-intervention principle)
- the GA’s jurisdiction is limited by arts 2(7) and 12.
- Art. 11: The GA may make recommendations to the SC or members on the general
principles of co- operation in the maintenance of international peace and security.
Kaya Borkowski
TERM 1
**note: these notes contain cases and advisory opinions that were most useful/important
when answering questions, therefore, not all cases are included. I included cases that
were most useful and seen in multiple MCQ and long answer questions. Additionally,
these notes serve as a guide to navigate the sources as well as to summarise what is
required for us to know, therefore, they are not meant to explain content in depth**
CONTENT:
- Constitution
- United Nations Charter
- ICJ statute
- Draft Articles
- Rome Statute
- Cases and Advisory opinions
Constitution
https://www.justice.gov.za/legislation/constitution/saconstitution-web-eng.pdf
- 39(1)(b): when interpreting the BOR under s. 39(1)(b) must consider all the relevant
binding and non-binding sources of international law (Makwanyane)
- S231-233: regulates how IL becomes a part of domestic law
- s231(3): treaties that fall under the exception which only requires the executive to
sign the treaty for it to bind that state under international law
- S232: CIL is law in Republic unless inconsistent with the Constitution or an Act
- S233: application of international law “prefer any reasonable interpretation…that
is consistent with international law”
United Nations Charter (UNC)
https://www.un.org/en/about-us/un-charter/chapter-1
- Art. 2(4): Broad prohibition of the use (and threat) of force (exceptions: art. 51 and SC
Chapter VII authorisation). Limited to armed/military force (confirmed in CIL)
- Art. 2(7): the UN may not intervene in matters which are ‘essentially within a state’s
domestic jurisdiction’ (non-intervention principle)
- the GA’s jurisdiction is limited by arts 2(7) and 12.
- Art. 11: The GA may make recommendations to the SC or members on the general
principles of co- operation in the maintenance of international peace and security.
Kaya Borkowski
