LCP4801
ASSIGNMENT 2
DUE DATE: SEPTEMBER 2026
, LCP4801 ASSIGNMENT 2 2026
DUE SEPTEMBER 2026
Bankoka's submission is that due to the limited number of prisons and budget
constraints, they would allow juvenile prisoners to be detained with young adults up to
age 25 if it is deemed that the older inmates pose no harmful influence. The Minister
approaches you for legal advice as an expert in international law. With reference to the
relevant authorities, advise the Minister on how a state can express its consent under
these circumstances. Explain in full the process governing the reservations to
treaties, including the concept of permissible and impermissible reservations.
As an independent state recognised by the international community, Bankoka
possesses full treaty-making capacity. Under Article 6 of the Vienna Convention on the
Law of Treaties (VCLT), every state has the capacity to conclude treaties.¹ Since the
International Covenant on Civil and Political Rights (ICCPR) entered into force before
Bankoka's independence, it cannot become a signatory through the original signature
process. Bankoka must express consent through accession by depositing an instrument
of accession with the United Nations Secretary-General. Accession has the same legal
effect as ratification, establishing Bankoka's consent to be bound by the Covenant on
the international plane.²
This opinion addresses: (a) how Bankoka may express its consent to be bound by the
ICCPR; (b) the legal framework governing reservations to treaties under the VCLT; (c)
the distinction between permissible and impermissible reservations; and (d) whether
Bankoka's proposed reservation to Article 10(3) would be permissible under
international law.³
¹ Strydom H (ed) International Law 3rd ed (2024) 77.
² Vienna Convention on the Law of Treaties (1969), Arts 6 & 15; Strydom op cit 78.
³ Dugard J et al Dugard's International Law: A South African Perspective 5th ed (2019) 61
ASSIGNMENT 2
DUE DATE: SEPTEMBER 2026
, LCP4801 ASSIGNMENT 2 2026
DUE SEPTEMBER 2026
Bankoka's submission is that due to the limited number of prisons and budget
constraints, they would allow juvenile prisoners to be detained with young adults up to
age 25 if it is deemed that the older inmates pose no harmful influence. The Minister
approaches you for legal advice as an expert in international law. With reference to the
relevant authorities, advise the Minister on how a state can express its consent under
these circumstances. Explain in full the process governing the reservations to
treaties, including the concept of permissible and impermissible reservations.
As an independent state recognised by the international community, Bankoka
possesses full treaty-making capacity. Under Article 6 of the Vienna Convention on the
Law of Treaties (VCLT), every state has the capacity to conclude treaties.¹ Since the
International Covenant on Civil and Political Rights (ICCPR) entered into force before
Bankoka's independence, it cannot become a signatory through the original signature
process. Bankoka must express consent through accession by depositing an instrument
of accession with the United Nations Secretary-General. Accession has the same legal
effect as ratification, establishing Bankoka's consent to be bound by the Covenant on
the international plane.²
This opinion addresses: (a) how Bankoka may express its consent to be bound by the
ICCPR; (b) the legal framework governing reservations to treaties under the VCLT; (c)
the distinction between permissible and impermissible reservations; and (d) whether
Bankoka's proposed reservation to Article 10(3) would be permissible under
international law.³
¹ Strydom H (ed) International Law 3rd ed (2024) 77.
² Vienna Convention on the Law of Treaties (1969), Arts 6 & 15; Strydom op cit 78.
³ Dugard J et al Dugard's International Law: A South African Perspective 5th ed (2019) 61
