International Law (South African International Law -
Unisa LCP4801): Questions & Accurate Answers
International Law Correct Answer - Body of rules and principles which
are binding upon states in their relations with one another.
Public international law Correct Answer - Defined as: The rules which
govern the following relations:
Between sovereign independent states.
Between sovereign independent states and organisations made up of states.
Between organisations made up of states.
Treaty Correct Answer - An international agreement concluded between
states in written form and governed by international law, whether embodies
in a single instrument or in two or more related instruments and whatever its
particular designation. Or;
A treaty is an agreement, whether written or oral, concluded between public
international law subjects with the intention of creating a public international
law relationship. The agreement must give rise to reciprocal rights and duties
and must be governed by public international law.
Ways of concluding a treaty Correct Answer - * Exchange of instruments
* Ratification
* Acceptance
* Approval
* Accession
* By any other means so agreed
Void Treaties: VC Art 48 - Error Correct Answer - A state may invoke
error it is assumed the following: A fact or situation (which was) material
(and) formed on the basis of consent when the treaty was concluded and it did
not itself contribute to the error; or the circumstances were not suspicious.
Void Treaties: VC Art 49 - Fraud Correct Answer - A state may invoke
fraud if: It was induced by fraudulent action of other negotiating states to
conclude the treaty.
, Void Treaties: VC Art 50 - Corruption Correct Answer - A state may
invoke corruption of there was: Direct or indirect corruption (of) the state's
representative (by) another negotiating state.
Void Treaties: VC Art 51 - Coercion Correct Answer - A state may invoke
coercion where there was: Coercion of a representative by act or threats
against the representative by any person.
Void Treaties: VC Art 52 - Force Correct Answer - A state may invoke
force if there was: Coercion of a state by threat or use of force contrary to the
principles of international law in the Charter.
Ius Cogens Correct Answer - Defined by Article 53 of the VC as:
* An obligatory rule (of)
* general international law (which is)
* accepted and recognized by the community of states as a whole
* a rule from which no deviation is allowed (and)
* which can be altered only by another norm or rule of the same kind.
When are treaties voidable: Correct Answer - 1. Fulfillment of
obligations
2. Treaty Provision
3. Consent
4. Unilateral Repudiation
5. Conclusion of a new treaty
6. Breach of treaty
7. Impossibility of performance
8. Fundamental change of circumstances: Rebus sic stantibus
9. War and suspension of diplomatic/consular relations
10. Ius Cogens
The court may have regard to unincorporated treaties: Correct Answer -
* To interpret ambiguous legislation
* To test the validity of delegated legislation on grounds of reasonableness
* Where the treaty is evidence of a customary public international law.
Unisa LCP4801): Questions & Accurate Answers
International Law Correct Answer - Body of rules and principles which
are binding upon states in their relations with one another.
Public international law Correct Answer - Defined as: The rules which
govern the following relations:
Between sovereign independent states.
Between sovereign independent states and organisations made up of states.
Between organisations made up of states.
Treaty Correct Answer - An international agreement concluded between
states in written form and governed by international law, whether embodies
in a single instrument or in two or more related instruments and whatever its
particular designation. Or;
A treaty is an agreement, whether written or oral, concluded between public
international law subjects with the intention of creating a public international
law relationship. The agreement must give rise to reciprocal rights and duties
and must be governed by public international law.
Ways of concluding a treaty Correct Answer - * Exchange of instruments
* Ratification
* Acceptance
* Approval
* Accession
* By any other means so agreed
Void Treaties: VC Art 48 - Error Correct Answer - A state may invoke
error it is assumed the following: A fact or situation (which was) material
(and) formed on the basis of consent when the treaty was concluded and it did
not itself contribute to the error; or the circumstances were not suspicious.
Void Treaties: VC Art 49 - Fraud Correct Answer - A state may invoke
fraud if: It was induced by fraudulent action of other negotiating states to
conclude the treaty.
, Void Treaties: VC Art 50 - Corruption Correct Answer - A state may
invoke corruption of there was: Direct or indirect corruption (of) the state's
representative (by) another negotiating state.
Void Treaties: VC Art 51 - Coercion Correct Answer - A state may invoke
coercion where there was: Coercion of a representative by act or threats
against the representative by any person.
Void Treaties: VC Art 52 - Force Correct Answer - A state may invoke
force if there was: Coercion of a state by threat or use of force contrary to the
principles of international law in the Charter.
Ius Cogens Correct Answer - Defined by Article 53 of the VC as:
* An obligatory rule (of)
* general international law (which is)
* accepted and recognized by the community of states as a whole
* a rule from which no deviation is allowed (and)
* which can be altered only by another norm or rule of the same kind.
When are treaties voidable: Correct Answer - 1. Fulfillment of
obligations
2. Treaty Provision
3. Consent
4. Unilateral Repudiation
5. Conclusion of a new treaty
6. Breach of treaty
7. Impossibility of performance
8. Fundamental change of circumstances: Rebus sic stantibus
9. War and suspension of diplomatic/consular relations
10. Ius Cogens
The court may have regard to unincorporated treaties: Correct Answer -
* To interpret ambiguous legislation
* To test the validity of delegated legislation on grounds of reasonableness
* Where the treaty is evidence of a customary public international law.
