LCP4801 UPDATED EXAM QUESTIONS AND CORRECT
ANSWERS WITH ACTUAL QUESTIONS AND DETAILED
ANSWERS WITH RATIONALES AND A STUDY GUIDE
| EXPERT VERIFIED FOR GUARANTEED PASS |
LATEST UPDATE
Diplomatic protection - <<ANSWER>>A state has a right to
protect its nationals abroad who have been injured by the actions
of
the foreign state. The state may take up the case of its subject by
resorting to diplomatic
action, or international judicial proceedings. The cornerstone of
this right is that an injury
to a national is considered to be an injury to the state
(Panevyezys-Saldutiskis Railway Case). Therefore, under
international law, the right of diplomatic protection vests in the
state. The state is not under any duty to exercise its right. While
the domestic laws of a state may impose such obligation,
international law does not.
The United Nations may exercise diplomatic protection over its
agents and it may
institute an action on their behalf. - <<ANSWER>>True - This was
confirmed by the ICJ in Reparation for Injuries Suffered 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.
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. -
<<ANSWER>>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
Section 231(4) of Con - <<ANSWER>>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.
Section 231(1) - <<ANSWER>>The negotiating and signing of all
international agreements is the responsibility
of the national executive.
Section 231(2) - <<ANSWER>>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).
, Immunity of foreign heads of states generally - <<ANSWER>>•
Aim of immunity was to allow heads of states (HOS) to conduct
international relations smoothly.
• Provides for the inviolability of the person and premises of a
foreign state's representatives.
• Also provides for immunities from the exercise of jurisdiction
over those representatives.
• Premised on sovereign equality (principle of state sovereignty).
• Two forms of immunity: personal and functional.
• Provided for by both customary law and Vienna Convention on
the Law of Treaties.
• Arrest Warrant Case (ICJ) - certain holders of high ranking office
in a state, such as the HOS, head of government, and minister of
foreign affairs enjoy personal immunity.
• Personal immunity is absolute, covers both private and public
acts committed by officials.
• Functional immunity relates to conduct carried out on behalf of a
states. It is more commonly used in civil cases.
• Functional immunity, unlike personal immunity, does not attach
to all conduct performed by state officials.
• In SA, this type of immunity is governed by the Foreign States
Immunities Act 87 of 1981.
Immunity in relation to murder, assault and similar offences? -
<<ANSWER>>• Section 2 of the FIS provides that a foreign state
shall be immune from the jurisdiction of the courts of the Republic.
• Under the Act, a number of exceptions to immunity exist, and
these relate to civil claims, amongst others, and also provide for
the waiver of immunity by the state concerned.
ANSWERS WITH ACTUAL QUESTIONS AND DETAILED
ANSWERS WITH RATIONALES AND A STUDY GUIDE
| EXPERT VERIFIED FOR GUARANTEED PASS |
LATEST UPDATE
Diplomatic protection - <<ANSWER>>A state has a right to
protect its nationals abroad who have been injured by the actions
of
the foreign state. The state may take up the case of its subject by
resorting to diplomatic
action, or international judicial proceedings. The cornerstone of
this right is that an injury
to a national is considered to be an injury to the state
(Panevyezys-Saldutiskis Railway Case). Therefore, under
international law, the right of diplomatic protection vests in the
state. The state is not under any duty to exercise its right. While
the domestic laws of a state may impose such obligation,
international law does not.
The United Nations may exercise diplomatic protection over its
agents and it may
institute an action on their behalf. - <<ANSWER>>True - This was
confirmed by the ICJ in Reparation for Injuries Suffered 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.
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. -
<<ANSWER>>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
Section 231(4) of Con - <<ANSWER>>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.
Section 231(1) - <<ANSWER>>The negotiating and signing of all
international agreements is the responsibility
of the national executive.
Section 231(2) - <<ANSWER>>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).
, Immunity of foreign heads of states generally - <<ANSWER>>•
Aim of immunity was to allow heads of states (HOS) to conduct
international relations smoothly.
• Provides for the inviolability of the person and premises of a
foreign state's representatives.
• Also provides for immunities from the exercise of jurisdiction
over those representatives.
• Premised on sovereign equality (principle of state sovereignty).
• Two forms of immunity: personal and functional.
• Provided for by both customary law and Vienna Convention on
the Law of Treaties.
• Arrest Warrant Case (ICJ) - certain holders of high ranking office
in a state, such as the HOS, head of government, and minister of
foreign affairs enjoy personal immunity.
• Personal immunity is absolute, covers both private and public
acts committed by officials.
• Functional immunity relates to conduct carried out on behalf of a
states. It is more commonly used in civil cases.
• Functional immunity, unlike personal immunity, does not attach
to all conduct performed by state officials.
• In SA, this type of immunity is governed by the Foreign States
Immunities Act 87 of 1981.
Immunity in relation to murder, assault and similar offences? -
<<ANSWER>>• Section 2 of the FIS provides that a foreign state
shall be immune from the jurisdiction of the courts of the Republic.
• Under the Act, a number of exceptions to immunity exist, and
these relate to civil claims, amongst others, and also provide for
the waiver of immunity by the state concerned.
