⋆ [Grad] ⋆
LCP4801: International Law
May/June 2024 & May/June 2025 — Comprehensive Exam Revision
⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆
[BOOK] LLB — Public International Law [BOOK]
[BOOK] Exam Revision Guide
LCP4801
Module Code:
International Law
Module Name:
May/June 2024 & May/June 2025
Papers Covered:
100 marks per paper
Total Marks:
4 Hours (open-book)
Duration:
University of South Africa (UNISA)
Institution:
Use this guide to revise thoroughly. Focus on understanding, not memorisation.
Apply principles to facts for maximum marks.
[Grad] Exam Revision Notes | LCP4801 | 2024 & 2025
,LCP4801 | Exam Revision International Law
PART ONE
University Examinations: May/June 2024
First Examiner: Mr SY Ntola Second Examiner: Mr H Coetzee External Examiner: Prof
M Bradley
Total Marks: 100 Duration: 4 Hours Open-Book Examination
Instructions: Answer ALL four (4) questions. Apply the ILAC method: Identify the Issue, set
out the applicable Law, Apply the law to the facts, and state a Conclusion. Marks are lost when
the law is stated but not applied to the facts.
Page 2 of 29 [Grad]
, LCP4801 | Exam Revision International Law
Question 1 [15] marks
(1.1) (3) marks
Question: In the case of Reparations for Injuries Suffered in the Service of the United
Nations (1949 ICJ Rep 174), the International Court of Justice makes it clear that an
international organisation is a subject of international law. Mindful of the latter, do you
consider the Southern African Development Community (SADC) a subject of interna-
tional law? Provide reasons for your answer.
Answer: Yes, SADC is a subject of international law. The following reasons
support this:
• Treaty-based legal personality: SADC was established by the SADC Treaty
(1992), signed and ratified by its member states. Article 3 of the SADC Treaty
expressly confers legal personality on SADC, enabling it to enter into contracts,
acquire property, and institute legal proceedings.
• Functional capacity: Like the UN in the Reparations case, SADC performs func-
tions that require international legal personality — it concludes treaties with third
states and international organisations, operates a Secretariat, and has its own organs
(Summit, Council, Tribunal).
• Derivative legal personality: As a secondary (derivative) subject of international
law, SADC possesses only such personality as its member states have conferred upon
it. Its legal capacity is more limited than that of states, but is real and operative.
• SADC Tribunal: The SADC Tribunal (now suspended) had jurisdiction over dis-
putes between member states and between individuals and member states, further
confirming SADC’s standing in international law.
[*] Key Concept
An international organisation is defined as: “a collectivity of States established
by treaty, with a constitution and common organs, having a personality distinct
from that of its member-States, and being a subject of international law with
treaty-making capacity.” SADC meets all these criteria.
Page 3 of 29 [Grad]
LCP4801: International Law
May/June 2024 & May/June 2025 — Comprehensive Exam Revision
⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆
[BOOK] LLB — Public International Law [BOOK]
[BOOK] Exam Revision Guide
LCP4801
Module Code:
International Law
Module Name:
May/June 2024 & May/June 2025
Papers Covered:
100 marks per paper
Total Marks:
4 Hours (open-book)
Duration:
University of South Africa (UNISA)
Institution:
Use this guide to revise thoroughly. Focus on understanding, not memorisation.
Apply principles to facts for maximum marks.
[Grad] Exam Revision Notes | LCP4801 | 2024 & 2025
,LCP4801 | Exam Revision International Law
PART ONE
University Examinations: May/June 2024
First Examiner: Mr SY Ntola Second Examiner: Mr H Coetzee External Examiner: Prof
M Bradley
Total Marks: 100 Duration: 4 Hours Open-Book Examination
Instructions: Answer ALL four (4) questions. Apply the ILAC method: Identify the Issue, set
out the applicable Law, Apply the law to the facts, and state a Conclusion. Marks are lost when
the law is stated but not applied to the facts.
Page 2 of 29 [Grad]
, LCP4801 | Exam Revision International Law
Question 1 [15] marks
(1.1) (3) marks
Question: In the case of Reparations for Injuries Suffered in the Service of the United
Nations (1949 ICJ Rep 174), the International Court of Justice makes it clear that an
international organisation is a subject of international law. Mindful of the latter, do you
consider the Southern African Development Community (SADC) a subject of interna-
tional law? Provide reasons for your answer.
Answer: Yes, SADC is a subject of international law. The following reasons
support this:
• Treaty-based legal personality: SADC was established by the SADC Treaty
(1992), signed and ratified by its member states. Article 3 of the SADC Treaty
expressly confers legal personality on SADC, enabling it to enter into contracts,
acquire property, and institute legal proceedings.
• Functional capacity: Like the UN in the Reparations case, SADC performs func-
tions that require international legal personality — it concludes treaties with third
states and international organisations, operates a Secretariat, and has its own organs
(Summit, Council, Tribunal).
• Derivative legal personality: As a secondary (derivative) subject of international
law, SADC possesses only such personality as its member states have conferred upon
it. Its legal capacity is more limited than that of states, but is real and operative.
• SADC Tribunal: The SADC Tribunal (now suspended) had jurisdiction over dis-
putes between member states and between individuals and member states, further
confirming SADC’s standing in international law.
[*] Key Concept
An international organisation is defined as: “a collectivity of States established
by treaty, with a constitution and common organs, having a personality distinct
from that of its member-States, and being a subject of international law with
treaty-making capacity.” SADC meets all these criteria.
Page 3 of 29 [Grad]
