LCP4801
ASSIGNMENT 2 SEMESTER 1 2024
, LCP4801 Assignment 2 2024 (semester 1)
Instructions
1. The text must be typed in Arial font, size 12 with single line spacing within the paragraph,
and double line spacing after the paragraph.
2. All quotes that are two lines long (or less), must form part of the main text, be placed in
quotation marks. Where a quotation is longer than two lines, it must be typed in a separate
paragraph in in size 11 font and must be indented by 1 cm. No quotation marks are required
when the quotations stand alone. Use quotations very sparingly. A maximum of 5% of the
text may be quoted.
3. When answering the questions, remember you are expected to prove that you can use
information, rather than merely repeat it. In brief, what is being tested is factual knowledge,
understanding and the correct application thereof. You are expected to identify precisely
what information applies, and then explain why you think so.
4. Also, because you have the guide and prescribed textbook available when answering
questions, we do not give marks for direct quotations from the guide. You are therefore
assessed on your level of understanding of the legal principles by looking at how well you
convey the principles.
5. DO NOT CUT AND PASTE ANSWERS FROM THE STUDY GUIDE (OR ANY OTHER
SOURCE). THE USE OF ARTIFICIAL INTELLIGENCE IS STRICTLY PROHIBITED.
6. YOU NEED TO FULLY REFERENCE YOUR SOURCES WHEN ANSWERING THE
QUESTIONS. This includes reference to author(s), the title and page numbers (of the
textbook, study guide and academic articles) and complete references to the relevant case
law.
Question 1
‘There is no hierarchy among the sources of customary international law listed in Article
38(1) of the ICJ Statute. It is, in fact, nothing but an exercise in futility to attempt to justify
a ranking of some sort among these sources.’ To what extent does this statement represent
the true nature of the provisions contained in Article 38(1) of the ICJ Statute? (10)
Question 2
‘“The general principles of law recognized by civilized nations” means general principles
of international law.’ Critically examine this statement. (15)
Question 3
Critically discuss, through an analysis of South African case law, whether there is an
obligation on the South African government to offer diplomatic protection to its nationals
abroad who have been injured by the actions of a foreign state. (25)
Total [50]
ASSIGNMENT 2 SEMESTER 1 2024
, LCP4801 Assignment 2 2024 (semester 1)
Instructions
1. The text must be typed in Arial font, size 12 with single line spacing within the paragraph,
and double line spacing after the paragraph.
2. All quotes that are two lines long (or less), must form part of the main text, be placed in
quotation marks. Where a quotation is longer than two lines, it must be typed in a separate
paragraph in in size 11 font and must be indented by 1 cm. No quotation marks are required
when the quotations stand alone. Use quotations very sparingly. A maximum of 5% of the
text may be quoted.
3. When answering the questions, remember you are expected to prove that you can use
information, rather than merely repeat it. In brief, what is being tested is factual knowledge,
understanding and the correct application thereof. You are expected to identify precisely
what information applies, and then explain why you think so.
4. Also, because you have the guide and prescribed textbook available when answering
questions, we do not give marks for direct quotations from the guide. You are therefore
assessed on your level of understanding of the legal principles by looking at how well you
convey the principles.
5. DO NOT CUT AND PASTE ANSWERS FROM THE STUDY GUIDE (OR ANY OTHER
SOURCE). THE USE OF ARTIFICIAL INTELLIGENCE IS STRICTLY PROHIBITED.
6. YOU NEED TO FULLY REFERENCE YOUR SOURCES WHEN ANSWERING THE
QUESTIONS. This includes reference to author(s), the title and page numbers (of the
textbook, study guide and academic articles) and complete references to the relevant case
law.
Question 1
‘There is no hierarchy among the sources of customary international law listed in Article
38(1) of the ICJ Statute. It is, in fact, nothing but an exercise in futility to attempt to justify
a ranking of some sort among these sources.’ To what extent does this statement represent
the true nature of the provisions contained in Article 38(1) of the ICJ Statute? (10)
Question 2
‘“The general principles of law recognized by civilized nations” means general principles
of international law.’ Critically examine this statement. (15)
Question 3
Critically discuss, through an analysis of South African case law, whether there is an
obligation on the South African government to offer diplomatic protection to its nationals
abroad who have been injured by the actions of a foreign state. (25)
Total [50]
