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Title Die betekenis van die internasionale lugvaartreg vir Suid-Afrika The relevance of international civil aviation law for South Africa
Full text http://hdl.handle.net/10210/2980
Date 2009
Author(s) Barrie, G. N.
Abstract Inaugural lecture--Department of Public Law, Rand Afrikaans University, 14 July 1973 - In Pan-American World Airways Inc. v. S.A. Insurance Co. Ltd. 1965 (3) SA. 150 (A.D.) Chief Justice Steyn emphatically reiterated the constitutional rule that no treaty or international agreement can, without the aid of a statute incorporating its provisions, be so applied as to modify private rights or alter municipal law. The South African Parliament has by statutory incorporation incorporated the most important conventions of international civil aviation law in our legal system. These conventions are the Warsaw Convention; the Hague Protocol to the Warsaw Convention, the International Civil Aviation Convention and the International Air Transit Agreement. The effect of this statutory incorporation has been to embody the provisions of the above treaties in our municipal law. Customary international aviation law makes up a large segment of modern international civil aviation law and the question is often posed as to the effect of such law in our municipal legal system. In 1971 the courts in three decisions put this issue beyond all doubt by judgements to the effect that generally accepted rules of international law will be applied in our courts as lex fori and that these rules will be applied directly, making no distinction in the process between them and municipal law. (The three decisions were S. v. Ramotse (unreported); Parkin v. Government of the Republique Democratique du Congo and Another 1971 (1) S.A. 259 (W) and South Atlantic Islands Development Corporation v. Buchan 1971 (1) S.A. 234 (C)).
Subject(s) International civil aviation law; Civil aviation law - South Africa
Language afr
Type of publication Inaugural
Rights University of Johannesburg
Repository Johannesburg - University of Johannesburg
Added to C-A: 2010-02-23;08:56:32