12/18/25, 11:11 AM LCP4801 EXAM fully solved & updated 2025-2026(latest version verified for accuracy) (Questions + Answers) Solved 100% Corr…
LCP4801 EXAM fully solved & updated 2025-
2026(latest version verified for accuracy)
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LCP4801 - International law
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Terms in this set (63)
Diplomatic protection 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 True - This was confirmed by the ICJ in Reparation
diplomatic protection over its agents for Injuries Suffered in the Service of the
and it may United Nations 1949 ICJ Rep. By finding that the UN
institute an action on their behalf. could in fact do both, the ICJ
recognised that it was a subject of international law
enjoying international legal personality.
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,12/18/25, 11:11 AM LCP4801 EXAM fully solved & updated 2025-2026(latest version verified for accuracy) (Questions + Answers) Solved 100% Corr…
It was accepted by the court in S v False - In this case the court preferred the
Banda 1989 4 SA 519 (Bop) that declaratory theory - ie only the four objective
recognition by requirements in the Montevideo Convention must
other states is necessary before an be met for an entity to be considered a
entity may become a state. state
Section 231(4) of Con 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) The negotiating and signing of all international
agreements is the responsibility
of the national executive.
Section 231(2) 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).
https://quizlet.com/1124466356/lcp4801-exam-fully-solved-updated-2025-2026latest-version-verified-for-accuracy-questions-answers-solved-100-corr… 2/23
, 12/18/25, 11:11 AM LCP4801 EXAM fully solved & updated 2025-2026(latest version verified for accuracy) (Questions + Answers) Solved 100% Corr…
Section 231(3) 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) The Republic is bound by international agreements
which were binding on the
Republic when the Constitution took eff ect.
self-executing treaty [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.
https://quizlet.com/1124466356/lcp4801-exam-fully-solved-updated-2025-2026latest-version-verified-for-accuracy-questions-answers-solved-100-corr… 3/23
LCP4801 EXAM fully solved & updated 2025-
2026(latest version verified for accuracy)
(Questions + Answers) Solved 100% Correct!!
LCP4801 - International law
Save
Terms in this set (63)
Diplomatic protection 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 True - This was confirmed by the ICJ in Reparation
diplomatic protection over its agents for Injuries Suffered in the Service of the
and it may United Nations 1949 ICJ Rep. By finding that the UN
institute an action on their behalf. could in fact do both, the ICJ
recognised that it was a subject of international law
enjoying international legal personality.
https://quizlet.com/1124466356/lcp4801-exam-fully-solved-updated-2025-2026latest-version-verified-for-accuracy-questions-answers-solved-100-corr… 1/23
,12/18/25, 11:11 AM LCP4801 EXAM fully solved & updated 2025-2026(latest version verified for accuracy) (Questions + Answers) Solved 100% Corr…
It was accepted by the court in S v False - In this case the court preferred the
Banda 1989 4 SA 519 (Bop) that declaratory theory - ie only the four objective
recognition by requirements in the Montevideo Convention must
other states is necessary before an be met for an entity to be considered a
entity may become a state. state
Section 231(4) of Con 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) The negotiating and signing of all international
agreements is the responsibility
of the national executive.
Section 231(2) 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).
https://quizlet.com/1124466356/lcp4801-exam-fully-solved-updated-2025-2026latest-version-verified-for-accuracy-questions-answers-solved-100-corr… 2/23
, 12/18/25, 11:11 AM LCP4801 EXAM fully solved & updated 2025-2026(latest version verified for accuracy) (Questions + Answers) Solved 100% Corr…
Section 231(3) 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) The Republic is bound by international agreements
which were binding on the
Republic when the Constitution took eff ect.
self-executing treaty [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.
https://quizlet.com/1124466356/lcp4801-exam-fully-solved-updated-2025-2026latest-version-verified-for-accuracy-questions-answers-solved-100-corr… 3/23
