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LCP4801 Assignment 1 Semester 2 2023 (738987) - DUE 4 September 2023
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LCP4801Assignment 1
Semester 2 2023
(738987) - DUE 4
September 2023
[Document subtitle]
[DATE]
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, LCP4801 Assignment 1 Semester 2 2023
Question 1
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)
Good Faith Principle: This principle is a fundamental aspect of international
law that requires states to act honestly, fairly, and with sincerity in their
dealings with each other. It means that states should fulfill their international
obligations and commitments in a genuine and sincere manner.
2) This is the vehicle through which customary rules become part of the
municipal legal system. (1)
Incorporation Principle: The incorporation principle refers to the process by
which customary international law, which consists of unwritten practices and
norms accepted by states, becomes a part of a country's domestic legal system.
This is usually done through legislative or judicial means.
3) In many countries, and without more, treaties enjoy equal status with
municipal law. (1)
Dualism: Dualism is a legal theory that distinguishes between international law
and domestic law as separate and distinct legal systems. In countries that follow
dualism, treaties and international agreements are not automatically part of
domestic law and require a separate process for incorporation.
4) This doctrine does not apply in international law, irrespective of the
similarity between the issues and dispute. (1)
Non-Justiciability Doctrine: This doctrine holds that certain issues or disputes,
even if similar to those handled in domestic legal systems, cannot be
adjudicated or resolved through international courts or tribunals due to their
nature or subject matter.
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