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Lcp4801 Assignment 2 Memo - Semester 1 - 2024 Unisa – Due Date: - 16 April 2024 (Detailed Answers With Footnotes And A Bibliography - Distinction Guaranteed!)

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Institution University Of South Africa (Unisa)
Course International law
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LCP4801 ASSIGNMENT 2 MEMO - SEMESTER 1 - 2024 UNISA – DUE DATE: - 16 APRIL 2024 (DETAILED ANSWERS WITH FOOTNOTES AND A BIBLIOGRAPHY - 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) Total [50]

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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)

QUESTIONS CONTINUE…
DISTINCTION GUARANTEED!!! Footnotes and/or
Bibliography included. *
Connected book
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Christopher Gevers, Oliver Ruppel, Laurence Juma, Patrick Vrancken, Gerhard Kemp, Werner Scholtz, Frans Viljoen International Law
Publisher: 2016 ISBN: 9780199050154 Edition: Unknown

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