LCP4801 ASSIGNMENT 1 MEMO - SEMESTER 2 - 2023 - UNISA - (UNIQUE NUMBER: - 738987) (DISTINCTION GUARANTEED) – DUE DATE:- 4 SEPTEMBER 2023

LCP4801 ASSIGNMENT 1 MEMO - SEMESTER 2 - 2023 - UNISA - (UNIQUE NUMBER: - ) (DISTINCTION GUARANTEED) – DUE DATE:- 4 SEPTEMBER 2023 Name the theory/principle/doctrine/concept that is being referred to in each of the statements below: 1) One of the most time-honoured principles of international law is that which enjoins States to implement their international obligations in good faith. (1) 2) This is the vehicle through which customary rules become part of the municipal legal 3) In many countries, and without more, treaties enjoy equal status with municipal law. (1) 4) This doctrine does not apply in international law, irrespective of the similarity between the issues and dispute. (1) 5) “AcollectivityofStatesestablishedbytreaty,withaconstitutionandcommonorgans, having a personality distinct from that of its member-States, and being a subject of international law with treaty-making capacity”. (1) [5] Question 2 ‘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 3 ‘“The general principles of law recognized by civilized nations” means general principles of international law.’ Critically examine this statement. [15] Question 4 With reference to appropriate authority, including relevant case law, critically discuss the statement that follows. Remember that your answer must be properly substantiated by way of footnotes referring in precise detail to the sources relied on. A head of state signs a treaty on behalf of his or her country in excess of or without the authority of his or her country’s governing body, such treaty shall be void for inconsistency with the domestic law of the country. [20]