Pretoria University Law Press (PULP)

PULP is an open-access publisher based at the Centre for Human Rights, University of Pretoria

The implementation of international law in Germany and South Africa
Edited by Erika de Wet, Holger Hestermeyer and Rüdiger Wolfrum
ISBN: 978-1-920538-36-1
Pages: 528
Print version: Available
Electronic version: Free PDF available

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About the publication

South Africa, the power house of the African continent, as well as Germany, Europe’s largest economic power, are faced with an intricate maze of international obligations, whether related to the United Nations, the World Trade Organization, the African Union or the European Union (EU), international human rights law, international humanitarian law, or any other sub-regime of international law. The two countries are in a different position when facing the implementation of this maze of obligations. South Africa is a developing economy that faces various capacity challenges which, at times, also impact the manner and extent to which it implements its international treaty obligations. Germany, ont the other hand, benefits from comparatively well-funded institutes of international law and a well-trained academic community, which have contributed to the successful implementation of much of international law. But as the relevant chapters in this volume show, the German case is not without its own complexities.

As a result, an exchange of ideas and experiences pertaining to the implementation of international obligations can prove fruitful for both countries. Moreover, such an exchange could also serve as a useful point of departure for other countries in Southern Africa that face similar challenges in relation to implementation. The current book explores suitable techniques of implementation of international law, by comparing South Africa with Germany. After a general overview of the status of international law within Germany and South Africa respectively, it focuses on the implementation of international instruments pertaining to key sub-areas of international law in the two countries. These include the United Nations Charter (peace and security), the international law of the sea, international economic law, international environmental law, international human rights law, international criminal law, regional integration, and the status of international judicial decisions before domestic courts.

About the editors:

Erika de Wet is Co-Director of the Institute for International and Comparative Law in Africa and Professor of International Law in the Faculty of Law of the University of Pretoria.
Holger Hestermeyer is Professor at King’s College London, UK
Rüdiger Wolfrum is professor of international law at the Heidelberg University Faculty of Law and director emeritus of the Heidelberg Max Planck Institute for Comparative Public Law and International Law.

Table of Contents

Affiliation of authors

  • Introduction
    Erika de Wet, Holger Hestermeyer & Rüdiger Wolfrum

A. General overview

  • 1. The reception of international law in the German legal order: An introduction
    Rüdiger Wolfrum, Holger Hestermeyer & Silja Vöneky
  • 2. The reception of international law in the South African legal order: An introduction
    Erika de Wet

B. The Charter of the United Nations

  • 3. The United Nations Charter and the German legal order
    Mehrdad Payandeh
  • 4. The United Nations Charter and the South African legal order
    Dire Tladi

C. The International law of the sea

  • 5. The international law of the sea in Germany
    Alexander Proelss
  • 6. The international law of the sea in South Africa
    Patrick Vrancken

D. International economic law

  • 7. International economic law in Germany
    Leonie Hensgen
  • 8. International economic law in South Africa
    Engela Schlemmer

E. International environmental law

  • 9. International environmental law in Germany
    Wolfgang Durner
  • 10. International environmental law in South Africa
    Lisa Chamberlain & Tumai Murombo

F. International human rights law

  • 11. International human rights law in Germany
    Nicola Wenzel
  • 12. International human rights law in South Africa
    Lilian Chenwi

G. International criminal law

  • 13. International criminal law in Germany
    Kirsten Schmalenbach
  • 14. International criminal law in South Africa
    Christopher Gevers

H. Regional integration

  • 15. The implementation of European Union law in Germany
    Holger Hestermeyer
  • 16. The implementation of African Union law in South Africa
    Bonolo Dinokopila

I. International judicial decisions

  • 17. The status and effect of international judicial decisions in the German legal order
    Matthias Herdegen
  • 18. The status and effect of international judicial decisions in the South African legal order
    Erika de Wet

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