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LCP4801 - International Law Exam Questions and Answers 100% Solved

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LCP4801 - International Law Exam Questions and Answers 100% Solved Diplomatic protection - A state has a right to protect its nationals abroad who have been injured by the actions of the foreign state. The state may take up the case of its subject by resorting to diplomatic action, or interna...

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  • October 9, 2024
  • 28
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • LCP4801
  • LCP4801
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©JOSHCLAY 2024/2025 YEAR PUBLISHED, 2024.
LCP4801 - International Law Exam

Questions and Answers 100% Solved


Diplomatic protection - ✔✔A state has a right to protect its nationals

abroad who have been injured by the actions of

the foreign state. The state may take up the case of its subject by resorting

to diplomatic

action, or international judicial proceedings. The cornerstone of this right is

that an injury

to a national is considered to be an injury to the state (Panevyezys-

Saldutiskis Railway Case). Therefore, under international law, the right of

diplomatic protection vests in the state. The state is not under any duty to

exercise its right. While the domestic laws of a state may impose such

obligation, international law does not.

The United Nations may exercise diplomatic protection over its agents and

it may

institute an action on their behalf. - ✔✔True - This was confirmed by the

ICJ in Reparation for Injuries Suffered in the Service of the

,©JOSHCLAY 2024/2025 YEAR PUBLISHED, 2024.
United Nations 1949 ICJ Rep. By finding that the UN could in fact do both,

the ICJ

recognised that it was a subject of international law enjoying international

legal personality.

It was accepted by the court in S v Banda 1989 4 SA 519 (Bop) that

recognition by

other states is necessary before an entity may become a state. -

✔✔False - In this case the court preferred the declaratory theory - ie only

the four objective

requirements in the Montevideo Convention must be met for an entity to be

considered a

state

Section 231(4) of Con - ✔✔Any international agreement becomes law in

the Republic when it is enacted into law by national legislation; but a self-

executing provision of an agreement that

has been approved by Parliament is law in the Republic unless it is

inconsistent

with the Constitution or an Act of Parliament. Tells us when a treaty that is

binding on South Africa internationally becomes law in South Africa. The

, ©JOSHCLAY 2024/2025 YEAR PUBLISHED, 2024.
process necessary to transpose a treaty from the international plane to the

national plane.

Section 231(1) - ✔✔The negotiating and signing of all international

agreements is the responsibility

of the national executive.

Section 231(2) - ✔✔An international agreement binds the Republic only

after it has been approved by

resolution in both the National Assembly and the National Council of

Provinces,

unless it is an agreement referred to in subsection (3).

Section 231(3) - ✔✔An international agreement of a technical,

administrative or executive nature,

or an agreement which does not require either ratifi cation or accession,

entered

into by the national executive, binds the Republic without approval by the

National Assembly and the National Council of Provinces, but must be

tabled

in the Assembly and the Council within a reasonable time.

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