Exam (elaborations)
LCP4801 INTERNATIONAL LAW MAY/JUNE FINAL EXAM 6 JUNE EXAM PREP
- Course
- LCP4801 - International Law
- Institution
- University Of South Africa
MODULE: LCP4801 INTERNATIONAL LAW MAY/JUNE FINAL EXAM 6 JUNE EXAM PREP
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MODULE: LCP4801INTERNATIONAL LAW
MAY/JUNE FINAL EXAM
6 JUNE EXAM PREP
1|Page
,Question a
1
Article 11 of the Vienna convention on the law of treaties (“Vienna Convention”)
states that State’s consent will be bound by a treaty if it’s express by way of a
signature, exchanging of instruments which constitutes a treaty, ratification,
acceptance, approval, or accession or by any other means if it is agreed upon.
Question b
The State’s legal personality is a crucial element in the operation of an international
2
organization, and it determines the international organization’s responsibilities
.
Legal personality affords the legal organization to enter into legal agreements,
operate in an international arena and certain rights and privileges which may be
enjoyed by the international organization 3. Legal personality also affords the right to
the international organization to bring forward claims for wrongful acts for which the
4
legal organization has suffered
. Legal personality may be acquired through an
application of the doctrine of implied powers or by way of constituent documents5.
Question c
In terms of the General Assembly’s Friendly Relations Resolution, the following
elements constitute sovereign equality6:
1. The States are judicially equal
2. The rights inherent in full sovereignty will be enjoyed by each State
3. The duty to respect the personality of other States needs to be uphold by
each State
1 Vienna Convention on the law of treaties Article 11
2 Strydom Hennie, International Law (2 nd Edition, Oxford 2020) 166
3 Strydom Hennie, International Law (2 nd Edition, Oxford 2020) 166
4 Strydom Hennie, International Law (2 nd Edition, Oxford 2020) 166
5 Strydom Hennie, International Law (2 nd Edition, Oxford 2020) 166
6 Strydom Hennie, International Law (2 nd Edition, Oxford 2020) 135
, 4. Territorial integrity and political independence of each State are inviolable
5. The right to freely choose and develop its own political, social, economic and
cultural systems may be enjoyed by each State
6. Each State has a duty where they must fully comply and with good faith to
their international obligations and to live in peace with other States
Question d
Direct State liability is when the State violates an international law obligation it owes
to another state 7. Indirect State liability is when the State injures the person or
property of a foreign national within the State’s territory or when the State, itself,
does not act in a positive way which means the State failed to prevent the harmful
8
act or failed to minimize the harm done to the victim . There is no difference within
the result of direct or indirect liability which means if the State is liable, the State
must remedy the wrong 9. There is however one difference, and this lies in the fact
whether all available local remedies were exhausted before the State may assert the
claim10.
Question e
The Third World Approaches to International Law (“TWAIL”) is driven by three
objectives. The first objective is that the uses of international law in order which acts
as a medium for the creation and preservation of a racialized hierarchy of
international norms and institutions which regulates non-Europeans to Europeans
11
must first be understood, deconstructed, and unpacked . The second objective is
that TWAIL seeks to construct and present an alternative normative legal order for
international governance 12. The third objective is that TWAIL wants to eradicate the
7 Finney Polina, International Law (University of South Africa 2018) 52
8 Finney Polina, International Law (University of South Africa 2018) 52
9 Finney Polina, International Law (University of South Africa 2018) 52
10 Finney Polina, International Law (University of South Africa 2018) 52
11 Makau Mutua, “What is TWAIL” (2009) 94 Am Soc’y Int’l L Proc 31
12 Makau Mutua, “What is TWAIL” (2009) 94 Am Soc’y Int’l L Proc 31
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