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This article examines the Namibian position in relation to the domestic application of international law. Through an analysis of Article 144 as the primary Constitutional touchstone provision, the meaning and binding nature of international agreements is unpacked, in the process identifying how these sources become part of Namibian law. Moreover, the paper advances that Article 144’s phraseology renders both customary international law and general principles of law as sources of binding law in Namibia. A critique of the judicial application of international law, particularly by the Supreme Court, also reveals inconsistencies and errors. In addition to international law’s direct application, the paper identifies the parallel interpretative functionality of international law and enquires into the appropriate method for interpreting international law by domestic courts. The paper concludes by determining the relevance of soft law sources as deliberative, and potentially persuasive interpretative aids.

The Namibian Constitution, International Law and the Courts: a Critique