International Law: A South African Perspective

The world has experienced traumatic events and witnessed dramatic changes since the appearance of the second edition of this book. The attack on the World Trade Centre in New York in 2001, followed by the United States intervention in Afghanistan, and the invasion of Iraq in 2003, have challenged the foundations of the international order. The establishment of the African Union and the creation of the International Criminal Court have added two important new institutions to international life. International law has addressed these developments by adjusting old and creating new rules. Less spectacularly, international law has undergone major changes in the fields of state responsibility, immunities, international humanitarian law and international criminal law. In South Africa, statutes and judicial decisions have emphasised the unity of international law and municipal law.The third edition of this book addresses these developments and integrates them into the body of established international law. Most treatises on international law approach the subject from some national perspective. This book follows this course. International and South African sources of law are invoked to provide both a picture of international law and a study of international law as applied in South African municipal law. The book is intended for law students, legal practitioners and those engaged in the study and practice of foreign relations.

The nature and history of International Law; South Africa and international law - a historical introduction; sources of international law; the place of international law in South African municipal law; states (including recognition and non-recognition); recognition of governments; recognition in municipal law; territory; jurisdiction and international crimes; international criminal courts, the international criminal court and South Africa's implementation of the rome statute; extradition; immunity from jurisdiction; state responsibility, diplomatic protection and the treatment of Aliens; human rights; refugees; law of the sea; air and space law; international environmental law; treaties; international economic relations; international adjudication; the united nations and the maintenance of international peace; the use of force by states; humanitarian law; the African union.