TREATY MAKING AND ITS APPLICATION IN INTERNATIONAL LAW: NIGERIA AND SOUTH AFRICA AS CASE STUDY

Abstract

Treaties making is no doubt a responsibility that falls squarely within the legal and Constitutional competence of the Executive in most democratic societies. Treaties constitute the major means of entering into Agreement at international scene. The 1999 Constitution of the Federal Republic of Nigeria as amended in its section 12, requires the treaty so made to be transformed by the Nigerian Legislature before it can be admitted in Nigerian Courts. This work examined in a holistic manner treaty making and its application in both Nigeria and South Africa vis-à-vis the relationship between international law and municipal law. The research for this work is mainly through primary and secondary sources. The research found that the 1999 Nigerian Constitution does not state anything about the status of the transformed treaty neither does it state the person whom makes treaty for Nigeria in the whole document. South Africa despite being reputed as one of the most International law-friendly Constitutions in the world, yet very little has been written about how South African courts approach the actual identification and interpretation of International Law. This work therefore examined the lapses in the Constitution of both Nigeria and South Africa with respect to the making and application of treaties in the two jurisdictions. It is however recommended that Nigerian Constitution should expressly state who makes treaty for Nigeria including the status of the treaty so made. Agreements of a technical, administrative or executive nature as provided in the South African Constitution should be well defined as to know which Agreement binds the Republic.