Online Examinations
DECLARATION OF OWN WORK FOR NON-VENUE BASED EXAMINATION
MODULE CODE:
LCP4801
I,
(STUDENT NUMBER) confirm that:
This EXAMINATION PAPER contains my own original ideas and work.
I have NOT shown, or shared, my examination paper or answers with
anyone.
I have not engaged in group work.
I have not used the Internet to source my answers or examples.
I have used my prescribed textbook and study-guide to answer the questions.
Those ideas, or work, that are not my own, have been cited through in-text
referencing which I have familiarised myself with in the TL CMNALL/E/301
I acknowledge that not including a signed (initialed) Declaration results in a
failure of 0%.
I have not submitted the ideas or work contained in this MODULE for any other
tertiary education credit.
Policy on Research
Ethics.pdf
I have read the University’s Policy of Research Ethics
I have read and understood the PLAGIARISM POWERPOINT FOR UNDER-
GRADUATE STUDIES (available under ADDITIONAL SOURCES on myUnisa)
I have familiarised myself with the library guides ON PLAGIARISM AND ETHICS
offered by Unisa’s library: https://libguides.unisa.ac.za/research-
support/plagiarism
I have read and understood Unisa’s Policy for Copyright Infringement and
Plagiarism, and I am aware that plagiarism is punishable in terms of the
Copyright Act (Act 98 of 1978) and I have read the regulations of the University
of South Africa in this respect, available online:
https://www.unisa.ac.za/static/corporate_web/Content/Apply%20for%20admission/Documents/P
olicy_copyright_infringement_plagiarism_16November2005.pdf
_________________ _____________
INITIALS ONLY DATE
, INTERNATIONAL LAW.
Question 1
a.
Jurisdiction in International law empowers states to execute certain functions or all
functions of a state within a certain territory while at times excluding other states
from exercising the same function. As such jurisdiction is often at times predicated
upon the legislation, executive and enforcement action. These functions are at times
limited to the territory of the state, this often referred to as territorial jurisdiction. 1
b.
In the Lotus case a French ship, the lotus had collided with a Turkish ship on the
high seas. As a result, the Turkish ship sank the crew members and passengers of
that ship lost their lives. The lotus officer then picked up survivors and put them by
the Turkish port. 2As a result, the officer of the lotus ship was convicted of culpable
homicide in Turkey. France then objected to the Turkish decision which resulted in
the matter being referred to the Permanent Court of International Justice. As such
France advanced an argument that only the flag state has jurisdiction over the acts
of committed on board a vessel, while Turkey claimed it had jurisdiction by reason of
the fact that the effects of the collision had been felt on a Turkish ship which had to
be viewed as part of Turkish territory. 3
The court held that a state may not exercise its power in any form in the territory of
another state unless there is a permissive rule to the contrary.4 Further that
international law does not prohibit a state from exercising jurisdiction in its own
territory, in respect of any case which relates to acts which have taken place abroad.
States are allowed to extent their laws upon their discretion and as well as
jurisdiction of their courts to the said or affected persons, property as well as acts
outside their said territory. When it comes to criminal law, the territorial jurisdiction is
1
Malcolm N Shaw ‘Jurisdiction’ in International Law 6 ed (2008) 645 at 645-670.
2
Ibid at 665
3
Ibid
4
Ibid.
2
DECLARATION OF OWN WORK FOR NON-VENUE BASED EXAMINATION
MODULE CODE:
LCP4801
I,
(STUDENT NUMBER) confirm that:
This EXAMINATION PAPER contains my own original ideas and work.
I have NOT shown, or shared, my examination paper or answers with
anyone.
I have not engaged in group work.
I have not used the Internet to source my answers or examples.
I have used my prescribed textbook and study-guide to answer the questions.
Those ideas, or work, that are not my own, have been cited through in-text
referencing which I have familiarised myself with in the TL CMNALL/E/301
I acknowledge that not including a signed (initialed) Declaration results in a
failure of 0%.
I have not submitted the ideas or work contained in this MODULE for any other
tertiary education credit.
Policy on Research
Ethics.pdf
I have read the University’s Policy of Research Ethics
I have read and understood the PLAGIARISM POWERPOINT FOR UNDER-
GRADUATE STUDIES (available under ADDITIONAL SOURCES on myUnisa)
I have familiarised myself with the library guides ON PLAGIARISM AND ETHICS
offered by Unisa’s library: https://libguides.unisa.ac.za/research-
support/plagiarism
I have read and understood Unisa’s Policy for Copyright Infringement and
Plagiarism, and I am aware that plagiarism is punishable in terms of the
Copyright Act (Act 98 of 1978) and I have read the regulations of the University
of South Africa in this respect, available online:
https://www.unisa.ac.za/static/corporate_web/Content/Apply%20for%20admission/Documents/P
olicy_copyright_infringement_plagiarism_16November2005.pdf
_________________ _____________
INITIALS ONLY DATE
, INTERNATIONAL LAW.
Question 1
a.
Jurisdiction in International law empowers states to execute certain functions or all
functions of a state within a certain territory while at times excluding other states
from exercising the same function. As such jurisdiction is often at times predicated
upon the legislation, executive and enforcement action. These functions are at times
limited to the territory of the state, this often referred to as territorial jurisdiction. 1
b.
In the Lotus case a French ship, the lotus had collided with a Turkish ship on the
high seas. As a result, the Turkish ship sank the crew members and passengers of
that ship lost their lives. The lotus officer then picked up survivors and put them by
the Turkish port. 2As a result, the officer of the lotus ship was convicted of culpable
homicide in Turkey. France then objected to the Turkish decision which resulted in
the matter being referred to the Permanent Court of International Justice. As such
France advanced an argument that only the flag state has jurisdiction over the acts
of committed on board a vessel, while Turkey claimed it had jurisdiction by reason of
the fact that the effects of the collision had been felt on a Turkish ship which had to
be viewed as part of Turkish territory. 3
The court held that a state may not exercise its power in any form in the territory of
another state unless there is a permissive rule to the contrary.4 Further that
international law does not prohibit a state from exercising jurisdiction in its own
territory, in respect of any case which relates to acts which have taken place abroad.
States are allowed to extent their laws upon their discretion and as well as
jurisdiction of their courts to the said or affected persons, property as well as acts
outside their said territory. When it comes to criminal law, the territorial jurisdiction is
1
Malcolm N Shaw ‘Jurisdiction’ in International Law 6 ed (2008) 645 at 645-670.
2
Ibid at 665
3
Ibid
4
Ibid.
2
