PhD defence
The interpretation, application and incorporation of international law into South Africa’s domestic law by South African courts, within the framework of the South African Constitution
- A. Coutsoudis
- Date
- Wednesday 9 September 2026
- Time
- Address
-
Academy Building
Rapenburg 73
2311 GJ Leiden
Supervisor(s)
Summary
South Africa’s (post-apartheid) Constitution embraces international law in multifaceted, unique, and underutilised ways. Yet, as demonstrated by this study, despite the Constitution’s transformative embrace of international law, the approach of South African courts to international law has not always been consistent or rigorous, nor has it always given full effect to that embrace.
The study assesses the extent to which the South African courts have realised the Constitution’s embrace of international law by describing and systematising the approach to the application and determination of customary international law and treaty law within South Africa’s domestic constitutional framework. In doing so, it analyses and critiques the approach taken by the courts in a range of cases, and offers proposals for charting the way ahead in a manner consistent with and faithful to international law and the Constitution (including its founding value of the rule of law).
This is done to ensure that South Africa’s courts can better realise the international-law-friendly promise of its Constitution. As South Africa enters its fourth decade of constitutional democracy, this study sounds a call for methodological rigour and consistency in the application and determination of international law by South African courts. This can only be to the great benefit of South Africa (ensuring respect for the rule of law, accountability, fulfilment of international law obligations, and allowing international law to play the transformative role envisaged by the Constitution), as well as benefiting the international community and international law more generally.
PhD dissertations
Approximately one week after the defence, PhD dissertations by Leiden PhD students are available digitally through the Leiden Repository, that offers free access to these PhD dissertations. Please note that in some cases a dissertation may be under embargo temporarily and access to its full-text version will only be granted later.
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