The problematic relationship between customary international law and the domestic courts

The relationship between international law and domestic law has long been problematic. This article considers in particular the enforcement of customary international law through an analysis of judicial practice in England and Australia. The examination of the jurisprudence suggests that domestic judges often feel uncomfortable when asked to apply international law in the domestic courts and struggle to somehow justify its use. This has led to an inconsistency in judicial practice in the application of international law in jurisdictions such as Australia. However, ultimately the monist theory that recognizes that customary international law automatically flows into the domestic law appears to be reflected in an emerging trend in judicial practice in the common law judicial systems under consideration. However, the article suggests that the English courts now see international crimes as an exception to that theory and require domestic legislative transformation. Ultimately the article concludes that the municipal courts provide an important forum for the enforceability of customary international law, including human rights norms.

South African money Laundering and Terror Financing Law

South African Money Laundering and Terror Financing Law is a useful guide to the legislation around the prevention of organized crime and protection against terrorism. Key money laundering and terror financing offences are discussed along with the money laundering and terror financing control institutions in South Africa. Record-keeping and compliance management obligations are covered and all relevant legislation is included along with the Guidance Notes issued by the Financial Intelligence Centre.

The South African Doctrine of Notice: a comparative law perspective

The doctrine of notice was received into South African law in Cohen v Shires, Mchattie and King (1881-1884) 1 SAR TS 41 by reference to a 17th century Dutch decision and English equity.The reception of the polar star of equity has led to doctrinal problems and differing views as to requirements for the operation of the doctrine ever since. This is illustrated in the decision of the Supreme Court of Appeal in Meridian Bay Restaurant (Pty) Ltd v Mitchell 2011 (4) SA 1 (SCA). The Court mentioned fraud and equity as the doctrinal basis but also accepted the view that the doctrine is an anomaly which does not fit into the principles of either the law of delict or property law.The Court required actual notice (or dolus eventualis) and wrongfulness for the operation of the doctrine of notice. In the following discussion of the decision it is argued that for the operation of the doctrine it should be required that: (a) a prior personal right aimed at the acquisition of a real right existed; (b) a holder of a subsequent personal right was actually aware or foresaw the possibility of the existence of the prior personal right; and (c) the holder of the real right nonetheless infringed upon the prior personal right by concluding a subsequent contract and obtaining registration of the real right in the deeds office.

The South African law reports.

Editors: 1911-1912, Percival Frere Smith; 1913-1924, Gey van Pittius; 1925-1946, R.P.B. Davis.

A treatise on the law of copyholds and of the other tenures (customary and freehold) of lands within manors; with the law of manors and manorial customs generally, and the rules of evidence applicable thereto; including the law of commons or waste lands; and also the jurisdiction of the various manorial courts.

Mode of access: Internet.

The South African law reports. South-West Africa. Decisions of the High Court of South-West Africa

None published in 1946

The South African law reports.

Reporters: 1910-15, A.F. Russell (with C. Gutsche, 1910; E.R. Roper, 1913-14; G.M. Swift and R.C. Streeten, 1915); 1916-1927, G.M. Swift and R.C. Streeten; 1928-1943, R.C. Streeten and T.G. Duncan; 1944, R.C. Streeten, F.W.A. Gray and G. Duncan; 1945-1946, F.W.A. Gray and G. Duncan

The Punjab civil law manual : notes on the Punjab Laws Act and the enactments extended to Punjab by that act, and also on the customary Hindu and Muhammedan law as applicable to the Punjab /

Mode of access: Internet.