Lcp 4801 Assignment 2

1. The primary sources of international law are judicial decisions of national courts only and the teachings of the most highly qualified publicists. FALSE 2. In the Arrest Warrant case, it was held that Ministers of Foreign Affairs do not enjoy functional immunity and can be arraigned before foreign domestic courts. TRUE 3. In the public international legal system, there are courts that enforce international law based on the system of precedent. TRUE 4. The veto power is enjoyed by selected members of the General Assembly. TRUE 5. Ius cogens is a general rule of international law from which states are not allowed to deviate. TRUE 6. Universal jurisdiction is criminal jurisdiction based on two factors, (i) the nature of the crime, and (ii) the nationality of the perpetrator. FALSE 7. A state has jurisdiction over foreigners who perform an act inside the state, which endangers the safety of the state. TRUE 8. In terms of article 38(1) of the Statute of the International Court of Justice, international customary law is made up of a general practice that is accepted as a legal obligation. TRUE 9. In terms of section 231 of the Constitution the negotiating and signing of all international agreements is the responsibility of the National Assembly. FALSE 10. The UN General Assembly consists of 11 permanent members, plus 5 non-permanent members elected by member states on a rotational basis. FALSE 11. South Africa is a party to the Vienna Convention on the Law of Treaties. FALSE This study source was downloaded by from CourseH on :57:28 GMT -05:00 This study resource was shared via CourseH 12. Senior state officials and heads of states are immune from the criminal jurisdiction of the an international tribunal such as the ICC. FALSE 13. A South African is a monist state and as such, all international law automatically forms part of the law of the Republic. FALSE 14. Individuals (natural persons) are subjects of international law. TRUE 15. The role of African states in the development and history of international law can be traced only from the period of regaining independence. FALSE This study source was downloaded by from CourseH on :57:28 GMT -05:00