LCP4801 - International Law Exam Questions with Correct Answers

Diplomatic protection Correct Answer A state has a right to protect its nationals abroad who have been injured by the actions of the foreign state. The state may take up the case of its subject by resorting to diplomatic action, or international judicial proceedings. The cornerstone of this right is that an injury to a national is considered to be an injury to the state (Panevyezys-Saldutiskis Railway Case). Therefore, under international law, the right of diplomatic protection vests in the state. The state is not under any duty to exercise its right. While the domestic laws of a state may impose such obligation, international law does not. The United Nations may exercise diplomatic protection over its agents and it may institute an action on their behalf. Correct Answer True - This was confirmed by the ICJ in Reparation for Injuries Suffered in the Service of the United Nations 1949 ICJ Rep. By finding that the UN could in fact do both, the ICJ recognised that it was a subject of international law enjoying international legal personality. It was accepted by the court in S v Banda 1989 4 SA 519 (Bop) that recognition by other states is necessary before an entity may become a state. Correct Answer False - In this case the court preferred the declaratory theory - ie only the four objective requirements in the Montevideo Convention must be met for an entity to be considered a state Section 231(4) of Con Correct Answer Any international agreement becomes law in the Republic when it is enacted into law by national legislation; but a self-executing provision of an agreement that has been approved by Parliament is law in the Republic unless it is inconsistent with the Constitution or an Act of Parliament. Tells us when a treaty that is binding on South Africa internationally becomes law in South Africa. The process necessary to transpose a treaty from the international plane to the national plane. Section 231(1) Correct Answer The negotiating and signing of all international agreements is the responsibility of the national executive. Section 231(2) Correct Answer An international agreement binds the Republic only after it has been approved by resolution in both the National Assembly and the National Council of Provinces, unless it is an agreement referred to in subsection (3). Section 231(3) Correct Answer An international agreement of a technical, administrative or executive nature,