LCP4801 International Law () EXAM QUESTIONS WITH CORRECT DETAILED ANSWERS || ALREADY GRADED A+ <LATEST VERSION>

LCP4801 International Law () EXAM QUESTIONS WITH CORRECT DETAILED ANSWERS || ALREADY GRADED A+ &lt;LATEST VERSION&gt; Declaratory theory - ANSWER state exists when it meets the criteria of statehood & recognition of other states simply declares this fact Constitutive theory - ANSWER state is constituted by the legal act of recognition by existing states. through recognition only and exclusively. very little role for int law Article 38(1)(a) ICJ Statute - ANSWER treaties are of paramount important to development of int law. organisations are created, disputes settled, trade regulated and inter state relations are all fostered by treaties. bilateral or multilateral Work of Elias and Smith - ANSWER - pre colonial African Kingdoms (Benin, Kingi, Oyo, Mossi) engaged in what is known today as Int law - these kingdoms dealt with Euro powers on equal footing and negotiated trade and diplomatic matters Jurisdiction - ANSWER - principle of territory protectio (state on whose territory the offending conduct took place has jurisdiction) - principle of nationality (court will exercise jurisdiction where the perpetrator is its national, even if offence took place abroad) - passive personality (victim is national of that state) - protective principle (protection of an interest of that state) - effects principle (conduct outside territory that has substantial effect within its territory) - universality (nature of act is an affront to all humanity) State liability under Int law - ANSWER - direct (states act through their officials and agents to violate terriotrial integrity of other states) - indirect (state infringes the rights of the citizen of another state or does nothing to prevent an attack against the property or persons of another state) - Iran Hostage case - must be sufficient link between actor and state Prohibition of force under Int law - ANSWER - there is a prohibition of force under Int law - 2 exceptions 1) where there is a threat to int peace and security, the SC may authorise the use of collective force or a regional force to use force (eg Libya) 2) where a state acts in self defence ITO article 4(h) of the African Union Constitutive Act, list and briefly explain the grounds for intervention in the affairs of AU member states - ANSWER (h) the right of the Union to intervene in a Member State pursuant to a decision of the Assembly in respect of grave circumstances, namely: war crimes, genocide and crimes against humanity Circumstances in which a treaty can be terminated - ANSWER 1) Fulfilment of obligation Treaties concluded to serve a specific purpose will terminate once the object of the treaty has been fulfilled. For example, after post-election riots in Kenya in 2007, there was a food shortage. SA and Kenya concluded a treaty for the delivery of maize. Once the maize had been delivered, the object of the treaty had been fulfilled and the treaty will terminate. 2) Treaty provision Where a treaty specifically provides that it may be terminated in a specific way, the treaty will terminate if the prescribed procedure is followed. For example, Article XVIII of the extradition treaty concluded between Great Britain and Peru provides: "[This treaty] may be terminated by either of the High Contracting Parties by a notice not exceeding one year and not less than six months". If the necessary notice is given, the treaty will terminate once this period has passed. 3) Consent If all parties concerned agree to its termination. 4) Conclusion of a new treaty If all the original treaty parties conclude a new treaty which covers the same subject matter, and it appears that the parties intended the new treaty to govern the issues, or the two treaties conflict to such an extent that they cannot operate concurrently. 5) Impossibility of performance If an object indispensable for the performance is permanently destroyed, and this isn't the fault of the party raising impossibility. 6) Breach of treaty 7) War and suspension of diplomatic/consular relations 8) Ius cogens If the treaty is in conflict with a newly developed ius cogens, it is automatically terminated. 9) Unilateral repudiation 10)Rebus sic stantibus Requirements to terminate a treaty based on rebus sic stantibus - ANSWER 1. the existence of the circumstances must have been an essential basis for the conclusion of the treaty 2. the change of circumstances must drastically transform the extent to the state parties obligations 3. the circumstances (which a state claims to have changed) existed at the time the treaty was concluded 4. the change in circumstances must have been unforeseen by the parties