LCP4801 - International
law
Study online at https://quizlet.com/_jrx5ov
1. LCP4801 - International law: LCP4801 - International law is a comprehensive study guide
covering the core principles of public international law, state sovereignty, and international treaties.
This resource evaluates your mastery of diplomatic immunity, international humanitarian law,
jurisdictional disputes, and the peaceful settlement of international conflicts.
2. Section 231(1): The negotiating and signing of all international agreements is the
responsibility of the national executive.
3. The United Nations may exercise diplomatic protection over its
agents and it may
institute an action on their behalf.: True - This was confirmed by the ICJ in Reparation for
Injuries
Suttered 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.
4. 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.: 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
5. Section 231(4) of Con: 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.
6. Section 231(2): 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).
, LCP4801 - International
law
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7. Section 231(3): 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.
, LCP4801 - International
law
Study online at https://quizlet.com/_jrx5ov
8. Section 231(5): The Republic is bound by international agreements which were
binding on the Republic when the Constitution took ett ect.
9. self-executing treaty: [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.
10. If a party therefore claims that a treaty is self-executing, the
judicial officer will have to determine: (1) Whether the treaty has been concluded and
binds SA through parliamentary approval.
(2) Whether the treaty falls within one of the four exceptions in section 231(3) in which
case it binds without parliamentary approval.
(3) If it falls within one of these exceptions, then it cannot (presumably from the wording) be self-
executing.
(4) If it doesn't fall within one of the exceptions, he will then have to:
(a) determine the intention of the signatories
(b) examine the surrounding circumstances
(5) From this he will have to examine whether the treaty contains any provision which requires
legislation to make it operative municipally.
(6) He will also have to examine the nature of the treaty to see whether treaties of that kind require
legislation to make them operative municipally
(7) As if this were not enough, he then has to determine whether the treaty conflicts with the
Constitution
(8) He also has to examine whether it conflicts with an Act of parliament - and in this regard
he will have also to consider section 233
11. Section 231(5): This is a typical succession provision which you will find in most
constitutions. It is important
to note that the legal entity bound by the treaty is the state, and not the government (which is likely to
change from time to time).
12. Article 51 of UN charter: Nothing in the present Charter shall impair the inherent
right of individual
or collective self-defence if an armed attack occurs against a member of the United Nations, until the
Security Council has taken measures necessary to maintain international peace and security
The following characteristics are important:
law
Study online at https://quizlet.com/_jrx5ov
1. LCP4801 - International law: LCP4801 - International law is a comprehensive study guide
covering the core principles of public international law, state sovereignty, and international treaties.
This resource evaluates your mastery of diplomatic immunity, international humanitarian law,
jurisdictional disputes, and the peaceful settlement of international conflicts.
2. Section 231(1): The negotiating and signing of all international agreements is the
responsibility of the national executive.
3. The United Nations may exercise diplomatic protection over its
agents and it may
institute an action on their behalf.: True - This was confirmed by the ICJ in Reparation for
Injuries
Suttered 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.
4. 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.: 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
5. Section 231(4) of Con: 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.
6. Section 231(2): 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).
, LCP4801 - International
law
Study online at https://quizlet.com/_jrx5ov
7. Section 231(3): 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.
, LCP4801 - International
law
Study online at https://quizlet.com/_jrx5ov
8. Section 231(5): The Republic is bound by international agreements which were
binding on the Republic when the Constitution took ett ect.
9. self-executing treaty: [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.
10. If a party therefore claims that a treaty is self-executing, the
judicial officer will have to determine: (1) Whether the treaty has been concluded and
binds SA through parliamentary approval.
(2) Whether the treaty falls within one of the four exceptions in section 231(3) in which
case it binds without parliamentary approval.
(3) If it falls within one of these exceptions, then it cannot (presumably from the wording) be self-
executing.
(4) If it doesn't fall within one of the exceptions, he will then have to:
(a) determine the intention of the signatories
(b) examine the surrounding circumstances
(5) From this he will have to examine whether the treaty contains any provision which requires
legislation to make it operative municipally.
(6) He will also have to examine the nature of the treaty to see whether treaties of that kind require
legislation to make them operative municipally
(7) As if this were not enough, he then has to determine whether the treaty conflicts with the
Constitution
(8) He also has to examine whether it conflicts with an Act of parliament - and in this regard
he will have also to consider section 233
11. Section 231(5): This is a typical succession provision which you will find in most
constitutions. It is important
to note that the legal entity bound by the treaty is the state, and not the government (which is likely to
change from time to time).
12. Article 51 of UN charter: Nothing in the present Charter shall impair the inherent
right of individual
or collective self-defence if an armed attack occurs against a member of the United Nations, until the
Security Council has taken measures necessary to maintain international peace and security
The following characteristics are important:
