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Chapter Summary

This chapter first discusses the geographical and historical background of the South African coast. Then, it describes the place of international law in South African law. When it comes to whether South Africa is bound by a treaty, the Constitution distinguishes between three categories of treaties: (i) treaties of a technical, administrative or executive nature; (ii) treaties that do not require ratification or accession; and (iii) all other treaties. Customary international law is part of South African domestic law unless it is inconsistent with the Constitution or an Act of Parliament. There is no specific provision in South African law for the incorporation of the decisions of the African Union (AU). The chapter also talks about the territorial and extraterritorial jurisdiction of South Africa.

Keywords: extraterritorial jurisdiction; international law; judicial jurisdiction; legislative jurisdiction; South Africa; South African law; territorial jurisdiction



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