LCP4801 Assignment 1 (DETAILED ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED

LCP4801 Assignment 1 (DETAILED ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references .. Question 1 Not yet answered Marked out of 2.00 Question 2 Not yet answered Marked out of 3.00 Question 3 Not yet answered Marked out of 2.00 QUIZ Pacta sunt servanda is one of the most time-honoured principles of international law which enjoins natural persons toimplement their international obligations in good faith. Select one: True False The vehicle through which customary rules become part of the municipal legal systems is known as... a. The doctrine of separation of powers b. Doctrine of incorporation/transformation c. Freedom of the seas docrine d. Enclosure doctrine An international organisation can be defi ned as a collectivity of States established by treaty, with a constitution and commonorgans, 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 4 Not yet answered Marked out of 2.00 Question 5 Not yet answered Marked out of 5.00 Question 6 Not yet answered Marked out of 2.00 Concerning the manner with which a head of State must act, the South Gauteng High Court in the case between Law Societyof 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 The territorial sea of a coastal State forms part of such State's territory in terms of international law. Select one: True False At its times of conclusion, should an international legal instrument confl ict with a peremptory norm of general internationallaw, such instrument is... a. Voidable b. Valid c. Void d. Valuable Question 7 Not yet answered Marked out of 2.00 Question 8 Not yet answered Marked out of 3.00 Question 9 Not yet answered Marked out of 4.00 Termination and suspension of the operation of treaties is provided for under section ... of the 1969 Vienna Convention onthe Law of the Treaties (VCLT) a. 5 b. 3 c. 4 d. 1 In the case between ... a number of South Africans had been arrested in Zimbabwe and Equatorial Guinea in connection withcharges relating to mercenary activities and plotting a coup against the President of the Equatorial Guinea. a. Kaunda v President of the Republic of South Africa b. Van Zyl v Government of the RSA c. Von Abo v Government of the RSA d. Legality of the Threat or Use of Nuclear Weapons (Advisory Opinion) The Legal consequences arising from the policies and practices of Israel in the occupied Palestinian territory, includingJerusalem is an example of... a. A judgement by the International Criminal Court b. A decision of the African Union Commission c. An advisory opinion by the International Court of Justice d. An advisory opinion by the International Tribunal for the Law of the Sea Question 10 Not yet answered Marked out of 2.00 Question 11 Not yet answered Marked out of 3.00 Question 12 Not yet answered Marked out of 3.00 Question 13 Not yet answered Marked out of 2.00 The principal judicial organ of the United Nations is the... a. Constitutional Court of the Republic of South Africa b. ITLOS c. SADC Tribunal d. ICJ In terms of article 56 of the Statute of the ICJ, the 'decision of the Court has not binding force except between the parties andin respect of that particular case. Select one: True False In terms of the Reparations for Injuries Suffered in the Service of the United Nations Case , the ICJ made it clear that, like a state,an international organisation is a subject of public international law. Select one: True False Article 31(1) of the VCLT, 'a treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to theterms of the treaty in their context and in the light of its object and purpose'. Select one: True False Question 14 Not yet answered Marked out of 4.00 Question 15 Not yet answered Marked out of 2.00 Question 16 Not yet answered Marked out of 3.00 In the case between Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime ofGenocide (Ukraine v. Russian Federation), [t]he Court initially considered that, with regard to the situation described above, Israel must, in accordance with its obligationsunder the Genocide Convention, in relation to Palestinians in Gaza, take all measures within its power to prevent thecommission 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 infl icting on the group conditions of lifecalculated to bring about its physical destruction in whole or in part; and (d) imposing measures intended to prevent birthswithin the group. The Court recalls that these acts fall within the scope of Article II of the Convention when they arecommitted with the intent to destroy in whole or in part a group as such (see paragraph 44 above). The Court furtherconsiders that Israel must ensure with immediate effect that its military forces do not commit any of the above-describedacts. Select one: True False Usus and opinio juris must both be present for a rule of customary international to develop. Select one: True False According to opinio juris , a state must comply with the usage/practice because it feels legally obliged to do so. It must feelthat, if it does not follow the usage, it will be committing an international ‘wrong’ – that is, that it will be breaking internationallaw. Select one: True False Question 17 Not yet answered Marked out of 2.00 Question 18 Not yet answered Marked out of 2.00 Question 19 Not yet answered Marked out of 2.00 In terms of the nationality principle, a S tate has jurisdiction over all criminal acts occurring in its territory and over allpersons committing such acts. Select one: True False According to the proactive principle, a state has jurisdiction over foreigners who perform an act outside the Statewhich endangers the safety of the State. Select one: True False According to the effects principle, a State has jurisdiction over acts performed outside its territory which have an effect in theterritory. Select one: True False