ABSTRACT

This chapter examines the Nkomati Accord in the light of international law. The Mkomati Accord is a contribution to the progressive, revolutionary and democratic forces that throughout the world are struggling for peace, detente and security between nations. The international community has already characterized apartheid as a crime against humanity. Whether or not there exist unequal treaties is a heavily contested issue in international law. According to conventional and customary international law, every state possesses the capacity to conclude treaties. Writers also support the doctrine of unequal treaties. It is said that the doctrine is directly linked to the principles of the equality of sovereign states. Western writers aid politicians vehemently oppose the doctrine of unequal treaties. They argue that it is vague and that if accepted it would have adverse effects on the sanctity of treaties.