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LCP4801 - International law|
UPDATE|COMPREHENSIVE MOST TESTED
QUESTIONS AND VERIFIED
SOLUTIONS|GET IT 100% ACCURATE!!
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
,2
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).
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Section 231(3) - (ANSWER)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.
Section 231(5) - (ANSWER)The Republic is bound by international agreements
which were binding on the
Republic when the Constitution took eff ect.
self-executing treaty - (ANSWER)[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.
If a party therefore claims that a treaty is self-executing, the judicial officer will
have to determine - (ANSWER)(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
LCP4801 - International law|
UPDATE|COMPREHENSIVE MOST TESTED
QUESTIONS AND VERIFIED
SOLUTIONS|GET IT 100% ACCURATE!!
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
,2
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).
, 3
Section 231(3) - (ANSWER)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.
Section 231(5) - (ANSWER)The Republic is bound by international agreements
which were binding on the
Republic when the Constitution took eff ect.
self-executing treaty - (ANSWER)[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.
If a party therefore claims that a treaty is self-executing, the judicial officer will
have to determine - (ANSWER)(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
