UPDATED LCP4801 - INTERNATIONAL LAW
2024-2025 QUESTIONS WITH VERIFIED
SOLUTIONS
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
,UPDATED LCP4801 - INTERNATIONAL LAW
2024-2025 QUESTIONS WITH VERIFIED
SOLUTIONS
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,
, UPDATED LCP4801 - INTERNATIONAL LAW
2024-2025 QUESTIONS WITH VERIFIED
SOLUTIONS
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,
or an agreement which does not require either ratifi cation or accession, entered
into by the national executive, binds the Republic without approval by the
National Assembly and the National Council of Provinces, but must be tabled
in the Assembly and the Council within a reasonable time.
Section 231(5) - CORRECT ANSWER The Republic is bound by international
agreements which were binding on the
Republic when the Constitution took eff ect.
self-executing treaty - CORRECT ANSWER [A treaty] which does not in the
view of the American courts expressly or by its nature require legislation to make
it operative within the municipal field, and that is to be determined by regard to
the intention of the signatory parties and to the surrounding circumstances.
If a party therefore claims that a treaty is self-executing, the judicial officer will
have to determine - CORRECT ANSWER (1) Whether the treaty has been
concluded and binds SA through parliamentary approval.
2024-2025 QUESTIONS WITH VERIFIED
SOLUTIONS
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
,UPDATED LCP4801 - INTERNATIONAL LAW
2024-2025 QUESTIONS WITH VERIFIED
SOLUTIONS
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,
, UPDATED LCP4801 - INTERNATIONAL LAW
2024-2025 QUESTIONS WITH VERIFIED
SOLUTIONS
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,
or an agreement which does not require either ratifi cation or accession, entered
into by the national executive, binds the Republic without approval by the
National Assembly and the National Council of Provinces, but must be tabled
in the Assembly and the Council within a reasonable time.
Section 231(5) - CORRECT ANSWER The Republic is bound by international
agreements which were binding on the
Republic when the Constitution took eff ect.
self-executing treaty - CORRECT ANSWER [A treaty] which does not in the
view of the American courts expressly or by its nature require legislation to make
it operative within the municipal field, and that is to be determined by regard to
the intention of the signatory parties and to the surrounding circumstances.
If a party therefore claims that a treaty is self-executing, the judicial officer will
have to determine - CORRECT ANSWER (1) Whether the treaty has been
concluded and binds SA through parliamentary approval.
