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International Law

  • International Law

      • International law can be defined as a body of rules and principles which are biding upon states in their relations with one another. These rules
        may broadly be divided into general and particular rules.

        The rule that the high seas are open to shipping of all nations is a general rule of international law binding on all states. A particular rule of
        international law is created by a treaty establishing a relationship between two or a few states only.

        Sources of international law are described in article 38(1) of the Statute of the International Court of Justice as:

        • International convention (treaties) whether general or particular;
        v • International custom, as evidence of a general practice accepted as law;
        v • The general principles of law recognized by civil nations; and
        v • Judicial decisions and the teachings of the most highly qualified publicists, as subsidiary means for the determination of rules of
        law.

        Jurisdiction and international crimes:

        South Africa, like other states, zealously guards against any attempt on the part of the other states to exercise their governmental functions within its territorial limits.
        v Foreign police officers may not make arrests in South Africa and foreign governments may not enforce their sovereign acts through South African
        courts. Any intervention in the domestic affairs of South Africa by other states or international organizations will be resisted as a violation of the
        prohibition on foreign intervention that receives recognition in article 2(7) of the Charter of the United Nations.

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        Hi, I’m Kailash Pillay, an attorney from the city of Johannesburg. My passion for the law
        stems from a desire to improve upon the lives of the vulnerable who fall prey to a
        corrupt system.
        I studied at the University of Johannesburg where I obtained my Bachelor of Laws
        degree, the starting point to the long journey of becoming a legal practitioner.
        This profession has taught me to persevere through the complexities of the law and to
        continually develop my skills as a legal professional.