chapter  8
21 Pages

Lessons on Monism and Dualism

ByOnkemetse Tshosa

This chapter examines the process and techniques of incorporating international human rights law into the domestic laws of Botswana, Namibia and Zimbabwe. It also examines the status and role of international human rights law in the national laws of these countries. Two main general lessons can be drawn from an examination of the incorporation and role of international law in national law on the basis of monism and dualism. The determination of the incorporation and role of international law in national law purely on the basis of these theories also has specific lessons. These lessons become self-evident with respect to the enforcement of human rights law in general and particularly in the countries presently under consideration. The lessons on classical monist and dualist theories, clearly lends support for the need especially of Botswana and Zimbabwe, to establish a firm foundation for the operation of rules of international law, customary and conventional, in national law.