Abstract
This study makes a case for the application of public international law by the courts of eSwatini and its incorporation into the domestic legal system of eSwatini. Accordingly, it investigates the use of public international law by the courts of eSwatini. It notes that the courts have made less use of public international law in their jurisprudence. It highlights that the Constitution of the Kingdom of eSwatini does not explicitly and without equivocation recognise the interpretive role of public international law in domestic adjudication even though the courts have relied on it as a source of interpretative guidance. Drawing inspiration from the best practices of the courts of selected jurisdictions, the study suggests that there are lessons that the courts of eSwatini may learn from the decisions of these courts. The study makes a few recommendations that may enhance the implementation of public international law by the courts of eSwatini. First, the Supreme Court of eSwatini as court of last resort should provide an absolute and authoritative exposition of what the term ‘public international law’ embraces in the context of the legal system of eSwatini. Second, the courts of eSwatini should adopt a methodological approach to the role of public international law in adjudication. Third, when construing domestic law incorporating parallel provisions in an international agreement of the African Union and a global instrument, a court should not overlook the legal instrument of the African Union...
LL.D. (Public International Law)