LCP4801 UPDATED EXAM ACTUAL QUESTIONS

LCP4801 UPDATED EXAM (ACTUAL / ) QUESTIONS

AND VERIFIED ANSWERS

Diplomatic protection - ----Answers_--- state has right to protect its nationals abroad who have been injured by the actions of the foreign state

• Kaunda v Pres of RS. SA arrested in Zim & Equatorial Guinea for

mercenary activities & sentenced to death. Claimed SA gov was under obligation to offer diplomatic protection. Court dismissed application. Int law did not oblige a state to provide protection. ITO SA Constitution, there is some obligation - function of executive

• Van Zyl v Gov. Dispute with Lesotho re mining leases. Application

dismissed - applicants could not prove Lesotho committed an Int delict

Von Abo v Gov. SA farmer in Zim, farm was destroyed. Court stated that it could come to the assistance of aggrieved national when gov fails to respond appropriately.

Are individuals subjects of international law - ----Answers_--- sort of

• must be adopted with caution
• even in claiming protection under a human rights treaty, the

individual can only do so as a legal subject in national law

Primary sources of Int law - ----Answers_--- treaties

• customary int law 1 / 3

• general principles of law
• judicial decisions
• teaching of publicists
• sources falling outside the scope of s38
• informal sources of int law

Differences between int and national law - ----Answers_--Int law

• no legislator
• has judiciary but no precedent, state is judge in own case
• no executive to enforce judgements, sanctions are poorly developed
• subjects are generally states or international organisations

National law

• complete legislative process
• fully developed judiciary, precedent system applies, nemo iudex in

sua causa

• there is a complete executive machinery in order to enforce

judgements

• subjects are individuals or legal persons

Similarities between int law and national law - ----Answers_--Int law

• comprises accepted norms prescribing state behavior
• uses writing etc of jurists rather than morality
• can consciously be altered by treaty
• / 3

National law

• comprises accepted norms prescribing behaviors
• writings of jurists & precedent are freely used
• can consciously be altered by statute / legislation

Statehood - ----Answers_--1. Permanenet popultion (nomadic, Western Sahara, organsied social & political structure)

• Enclave separate from main territory (Not a bar to statehood,

Alaska)

• Financial indendence (matter of degree)

• Capacity to enter into relations with other states (UN membership,

recognition)

• Effective gov (courts, executive organs, ministers, Western Sahara

case)

S v Banda - ----Answers_--- court consider if Bophuthatswana qualified as a state under int law or not

• considered constitutive & declaratory theories
• declaratory theory more acceptable because it is objective, took into

account only those 4 requirements which are based on well est rules of int law

• court said constitutive theory was arbitrarily applied and politically

based.

• / 3