LCP4801_Exam_answers.docx (1).pdf

LCP4801 – 2017 OCT/NOV exam memo: False, the two requirements to be present for a rule of customary international to develop are: (1) General practice referred to as usus; and (2) Accepted as law referred to as opinion juris. True, the IJC confirmed that the UN may exercise diplomatic protection over its agents and also institute action on their behalf for injuries suffered in the course of their duties. True, however crimes over which nationality jurisdiction is exercised depends on whether the state’s legal system is based on, civil or common law. False, in S v Banda the court came to the conclusion the declaratory theory was the more acceptable theory to follow in terms of recognition as a requirement. The proponents of this theory maintain the act of recognition is not a requirement of statehood. False, the International Criminal Tribunal for the Former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR) are ad hoc international criminal tribunals. A treaty is an agreement, whether written or oral, concluded between public international subjects, with the intention of creating a public international law relationship. Thus, a treaty concluded via oral agreement qualifies as a treaty. However, Dougard J states: “Although oral agreements between state representatives may create legal obligations for states, they do not qualify as treatie