Mozambican Courts and International Law

Abstract

Mozambique has a monist constitution which deals extensively with international law. The country is also a member of regional international organizations, including the African Union and the Southern African Development Community. This openness to international law is more apparent than real. On the one hand, the Mozambican constitution safeguards its own supremacy and ranks international law on the level of ordinary law. On the other hand, regional integration in Africa is still rudimentary and it does not challenge State sovereignty. Moreover, references to international law in Mozambican courts are scarce and largely peripheral. The picture is not entirely bleak, as a couple of cases show that Mozambican judges are bypassing the constitution, and making every effort to avoid the international responsibility of the State by recognizing international law’s supremacy over ordinary law.