INTERNATIONAL LAW LCP4801 EXAMINATION PAPER OCT/NOV 2000 questions and answers...

INTERNATIONAL LAW LCP4801 EXAMINATION PAPER OCT/NOV 2000 QUESTION 1 (a) List the differences between public international law and municipal law (5) Municipal law Public International law 1. 1. (b) Define ius cogens and explain the effect of this concept on the validity of a treaty (10) (c) Briefly discuss the right of a foreign sovereign state to claim immunity before a South African court in a case arising from a commercial transaction into which it has entered (10) . QUESTION 2 Although there is no formal agreement on the use of water resources between South Africa and Lesotho, Lesotho has for 30 years allowed South Africa to draw water from a dam in Lesotho. After a democratic general election, a new government comes to power in Lesotho. This government immediately closes down the pumping station, cutting off the supply of water to South Africa. Dr Zuma, the South African Minister of Foreign Affairs, delivers a formal protest to her Lesotho counterpart. The Lesotho government acknowledges that it is legally bound to re-open the pumping station and does so immediately. One month later, however, the Lesotho government again closes the pumping station declaring that in the light of the unequal distribution of wealth in Southern Africa, it is no longer prepared to allow South Africa access to cheap water. South Africa claims that Lesotho’s actions amount to a violation of a norm of public international law. Discuss fully, using the facts above and relating them to international case law, whether Lesotho has violated a norm of public international law and what body South Africa should approach to enforce its claim .............................................continued................................................