LCP4801 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 - DUE August 2025

LCP4801 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 - DUE August 2025; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.6.7-1.7.1-1.7.3.9. Ensure your success with us.... Question 1 Correct TWAIL presents a distinctive voice in the field of international law and thus, seeks to transform itself into a system based on justice and NOT power. In conciliation a commission set up for that purpose (either permanently or an ad hoc basis), and it assists the parties to the dispute. Select one: True False Correct Mark 5.00 out of 5.00 Flag question Question text In the case between Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation), [t]he Court initially considered that, with regard to the situation described above, Israel must, in accordance with its obligations under the Genocide Convention, in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention, in particular: (a) killing members of the group; (b) causing serious bodily or mental harm to members of the group; (c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and (d) imposing measures intended to prevent births within the group. The Court recalls that these acts fall within the scope of Article II of the Convention when they are committed with the intent to destroy in whole or in part a group as such (see paragraph 44 above). The Court further considers that Israel must ensure with immediate effect that its military forces do not commit any of the above-described acts. Select one: The 1933 Montevideo Convention on the Rights and Duties of States identified four criteria for statehood, namely, • a permanent population, • a defined territory, • government, and • capacity to enter into relations with other states. Select one: True False Question 5 Correct In terms of the nationality principle, a State has jurisdiction over all criminal acts occurring in its territory and over all persons committing such acts. Select one: True False Question 6 Fagbayibo defines a self-executing treaty as: '[A treaty] which does not in the view of the American courts expressly or by its nature require legislation to make it operative within the municipal fi eld, and that is to be determined by regard to the intention of the signatory parties and to the surrounding circumstances'. Select one: True False Question 7 Correct Mark 5.00 out of 5.00 Flag question Question text A state may rely on the provisions of its domestic law to change the terms of a binding treaty. Select one: True False Question text Usus and opinio juris must both be present for a rule of customary international to develop. Select one: True False Question 9 Correct An international organisation can be defined as a collectivity of States established by treaty, with a constitution and common organs, having a personality distinct from that of its member-States, and being a subject of international law with treaty-making capacity. Select one: True False Question 10 According to the proactive principle, a state has jurisdiction over foreigners who perform an act outside the State which endangers the safety of the State. Select one: True False Question 11 State jurisdiction is divided into four distinct powers or competences which are exercised by states. Select one: True False Question 12 Correct In terms of article 56 of the Statute of the ICJ, the 'decision of the Court has not binding force except between the parties and in respect of that particular case. Select one: True False Question 13 Correct The pacta sunt servanda rule places a good faith obligation on parties to comply with the treaty's terms and conditions once the treaty has entered into force between them. Select one: True False Question 14 Section 231(4) of the South African Constitution deals with the process necessary to transpose a treaty from the international plane to the national plane. Select one: True False Question 15 In the ICJ, nine judges constitute a quorum and all decisions are by majority vote of the judges present. Select one: True False Question 16 The term ‘sanctions’ in its narrow sense denotes the collective action by a state against the violator state. Select one: True False Concerning the manner with which a head of State must act, the South Gauteng High Court in the case between Law Society of South African and Others v President of the Republic of South Africa and Others held that the President must not act in an 'unguided or unbridled way'. Select one: True False Question 18 TWAIL challenges the way international law has been used as a medium to perpetuate racialised/racist hierarchy of international norms. Select one: True False Question 19 In June 2014, the African Union sitting in Malabo, Equatorial Guinea adopted a legal instrument, namely the Protocol on the Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (the Malabo Protocol). The Malabo Protocol in effect limited the jurisdiction of the African Court of Justice and Human Rights. Select one: True False Question text In mediation states are not assisted through the intervention of a third party (the mediator). The mediator is actively involved in conveying each party’s proposals and ideas, and looking for a solution to the problem. Mediation is also known as ‘good offices’. Select one: True False