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Lcp4801 international law - distinction guaranteed
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Lcp4801 international law - distinction guaranteed

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  • February 19, 2024
  • November 4, 2024
  • 17
  • 2023/2024
  • Exam (elaborations)
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LCP4801 - International law

1. Diplomatic pro- A state has a right to protect its nationals abroad who have
tection 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 corner-
stone 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.

2. The United Na- True - This was confirmed by the ICJ in Reparation for
tions may ex- Injuries Suffered in the Service of the
ercise diplomat- United Nations 1949 ICJ Rep. By finding that the UN could
ic protection over in fact do both, the ICJ
its agents and it recognised that it was a subject of international law enjoy-
may ing international legal personality.
institute an ac-
tion on their be-
half.

3. It was accepted False - In this case the court preferred the declaratory
by the court in S theory - ie only the four objective
v Banda 1989 4 requirements in the Montevideo Convention must be met
SA 519 (Bop) that for an entity to be considered a
recognition by state
other states is
necessary before
an entity may be-
come a state.

4. Section 231(4) of Any international agreement becomes law in the Republic
Con 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

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