LCP4801 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - DUE DATE :- 23 MAY 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)

LCP4801 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - DUE DATE :- 23 MAY 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!) QUESTION 1 In the case of Reparations for injuries suffered in the service of the United Nations (1949 ICJ Rep 174), the International Court of Justice makes it clear that an international organisation is a subject of international law. 1.1 Mindful of the latter, do you consider the Southern African Development Community (SADC) a subject of international law. Provide reasons for your answer. (3) 1.2 How is international law, to which international organisations are subject, different to national laws? (12) [15] QUESTION 2 State A is a signatory to the ‘Rome Statute’. State A intends to host a diplomatic conference on sub-regional development. The International Criminal Court has issued an arrest warrant for one of the Heads of State who will likely be in attendance. You are approached by State A to advise whether it, as a signatory, has an obligation to arrest a Head of State in terms of the Statute. The State has also asked you to differentiate between its obligations, if any, as a signatory and a ratifying State to the Statute. Your advice must refer to authoritative sources of international law. (25) [25] QUESTION 3 The ‘Kei State’ is a community wherein 1.2 million people (approximately) reside. According to maps produced by the State’s self-appointed leader, Mphutumi, the State is situated south of the N2 between the Kei River and Mzimvubu River. Mphutumi has initiated several development projects in the region which aim to boost the Kei State’s economy and with it, sustainable employment for the people residing within it. Mphutumi has gone as far as advertising his grand plans in regional newspapers and local radio stations. The South African government approaches you to draft a legal memorandum detailing why, in terms of international law, the Kei State is not a State. Its structure must contain a summary, an outline of the facts, applicable law (including LCP 4801 May/June Examination 11 an application of the law to the facts) as well as a conclusion. The memorandum must not exceed 1500 words. The summary must be no longer 300 words. (35) [35] QUESTION 4 In 2005, State C and State D concluded a border demarcation agreement. In 2006, the parliaments of State C and State D ratified the agreement. The agreement was subsequently deposited with the United Nations Secretary-General. The Constitution of State D includes a provision stating that laws altering the borders of the State can only be adopted with a 2/3 majority of the parliament – the border demarcation agreement was approved with only a simple majority. In 2023, a Court in State C found that the ratification of the agreement was invalid. 4.1 With reference to the applicable international legal instrument, summarise the circumstances which may deem a treaty invalid. (18) 4.2 How would the situation differ if the Court in State C said that the treaty is void? Please refer to authority in your answer. (7) [25] {100}