LCP4801 Assignment 2
(COMPLETE ANSWERS)
Semester 1 2025 - DUE March
2025
Contact:
, LCP4801 Assignment 2 (COMPLETE
ANSWERS) Semester 1 2025 - DUE March
2025
Question 1 Name the theory/principle/doctrine/concept
that is being referred to in each of the statements below:
1) One of the most time-honoured principles of
international law is that which enjoins States to
implement their international obligations in good faith. (1)
The principle being referred to is the Pacta Sunt Servanda principle.
This principle, which is a cornerstone of international law, dictates that agreements must be kept,
meaning that states are obligated to fulfill their international commitments in good faith. It is
enshrined in Article 26 of the Vienna Convention on the Law of Treaties (1969).
2) This is the vehicle through which customary rules
become part of the municipal legal system. (1)
The concept being referred to is "Incorporation" or "Transformation", depending on the legal
system.
In monist systems, customary international law is automatically incorporated into
domestic law without the need for additional legislation.
In dualist systems, customary international law must be transformed through domestic
legislation before it becomes part of the municipal legal system.
3) In many countries, and without more, treaties enjoy
equal status with municipal law. (1)
The concept being referred to is "Monism".
In monist legal systems, international treaties automatically become part of domestic law upon
ratification, without requiring additional legislation. This means treaties have the same status as
municipal law and can be directly applied by courts.
(COMPLETE ANSWERS)
Semester 1 2025 - DUE March
2025
Contact:
, LCP4801 Assignment 2 (COMPLETE
ANSWERS) Semester 1 2025 - DUE March
2025
Question 1 Name the theory/principle/doctrine/concept
that is being referred to in each of the statements below:
1) One of the most time-honoured principles of
international law is that which enjoins States to
implement their international obligations in good faith. (1)
The principle being referred to is the Pacta Sunt Servanda principle.
This principle, which is a cornerstone of international law, dictates that agreements must be kept,
meaning that states are obligated to fulfill their international commitments in good faith. It is
enshrined in Article 26 of the Vienna Convention on the Law of Treaties (1969).
2) This is the vehicle through which customary rules
become part of the municipal legal system. (1)
The concept being referred to is "Incorporation" or "Transformation", depending on the legal
system.
In monist systems, customary international law is automatically incorporated into
domestic law without the need for additional legislation.
In dualist systems, customary international law must be transformed through domestic
legislation before it becomes part of the municipal legal system.
3) In many countries, and without more, treaties enjoy
equal status with municipal law. (1)
The concept being referred to is "Monism".
In monist legal systems, international treaties automatically become part of domestic law upon
ratification, without requiring additional legislation. This means treaties have the same status as
municipal law and can be directly applied by courts.
