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LCP4801 Assignment 2 (ANSWERS) Semester 1 2024 - DISTINCTION GUARANTEED

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Well-structured LCP4801 Assignment 2 (ANSWERS) Semester 1 2024 - DISTINCTION GUARANTEED. (DETAILED ANSWERS - DISTINCTION GUARANTEED!)......... Question 1 ‘There is no hierarchy among the sources of customary international law listed in Article 38(1) of the ICJ Statute. It is, in fact, nothing but an exercise in futility to attempt to justify a ranking of some sort among these sources.’ To what extent does this statement represent the true nature of the provisions contained in Article 38(1) of the ICJ Statute? (10) Question 2 ‘“The general principles of law recognized by civilized nations” means general principles of international law.’ Critically examine this statement. (15) Question 3 Critically discuss, through an analysis of South African case law, whether there is an obligation on the South African government to offer diplomatic protection to its nationals abroad who have been injured by the actions of a foreign state. (25)

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February 15, 2024
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Written in
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LCP4801
Assignment 2 Semester 1 2024
Unique Number:
Due Date: 2024

QUESTION 1 (2 ANSWERS PROVIDED)


Article 38(1) of the Statute of the International Court of Justice (ICJ) identifies the
sources of law applicable by the Court, i.e., international conventions, international
custom, and general principles of law recognized by civilized nations. Additional sources
include judicial decisions and teachings of the most highly qualified publicists as
subsidiary means, and arbitration as a form of resolving international disputes.

The statement that there is no hierarchy among these sources seems to represent the

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