1 of 63
Definition
The following requirements must be fulfilled:
1. The existence of the circumstances must have been an essential
basis for the conclusion of the treaty.
2. The change of circumstances must drastically transform the extent
of the state parties' obligations.
3. The circumstances (which a state claims to have been changed)
existed at the time the treaty was concluded.
4. The change in circumstances must have been unforeseen by the
parties.
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Peaceful settlement of disputes rebus sic stantibus
Work of Elias and Smith Jurisdiction
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2 of 63
Definition
1) If it has been made part of our law by legislation.
2) If it is self-executing (in which case it is automatically part of our
law).
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Two ways treaty can become Are individuals subjects of
part of our law international law
Formation of customary
Prohibition of force under Int law
international law
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3 of 63
Definition
• Aim of immunity was to allow heads of states (HOS) to conduct
international relations smoothly.
• Provides for the inviolability of the person and premises of a
foreign state's representatives.
• Also provides for immunities from the exercise of jurisdiction over
those representatives.
• Premised on sovereign equality (principle of state sovereignty).
,• Two forms of immunity: personal and functional.
• Provided for by both customary law and Vienna Convention on the
Law of Treaties.
• Arrest Warrant Case (ICJ) - certain holders of high ranking office in
a state, such as the HOS, head of government, and minister of
foreign affairs enjoy personal immunity.
• Personal immunity is absolute, covers both private and public acts
committed by officials.
• Functional immunity relates to conduct carried out on behalf of a
states. It is more commonly used in civil cases.
• Functional immunity, unlike personal immunity, does not attach to
all conduct performed by state officials.
• In SA, this type of immunity is governed by the Foreign States
Immunities Act 87 of 1981.
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Prohibition of the use of force under Major difference between custom
international law and treaties?
Immunity of foreign heads of Considered a 'lawful reprisal',
states generally provided that:
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4 of 63
Definition
• There is a prohibition of the use of force under international law.
• There are 2 exceptions to this rule: (i) where there is a threat to
international peace and security, the Security Council may authorise
, the use of collective force or a regional force (e.g. the case of Libya)
to use force (ii) where a state acts in self-defence. Ajubaria must be
able to prove these two points, in particular self-defence.
• Students must also show whether anticipatory or preventive self-
defence is allowed
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Immunity of wives (spouses) of Prohibition of the use of force
foreign heads of states? under international law
Immunity in relation to murder,
Role of UN in settlement of disputes
assault and similar offences?
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5 of 63
Definition
• UN should step in to prevent the escalation of this conflict.
• One way of addressing this is the peaceful settlement of disputes
under article 2(3) of the UN Charter
• Peaceful settlement of disputes include the use of negotiation,
mediation, conciliation, inquiry and judicial settlement under the ICJ.
• Students should be able to identify any of these measures, and
show how these could be used to prevent a potential war between
Ajubaria and Kalakuta.
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Definition
The following requirements must be fulfilled:
1. The existence of the circumstances must have been an essential
basis for the conclusion of the treaty.
2. The change of circumstances must drastically transform the extent
of the state parties' obligations.
3. The circumstances (which a state claims to have been changed)
existed at the time the treaty was concluded.
4. The change in circumstances must have been unforeseen by the
parties.
Give this one a try later!
Peaceful settlement of disputes rebus sic stantibus
Work of Elias and Smith Jurisdiction
, Don't know?
2 of 63
Definition
1) If it has been made part of our law by legislation.
2) If it is self-executing (in which case it is automatically part of our
law).
Give this one a try later!
Two ways treaty can become Are individuals subjects of
part of our law international law
Formation of customary
Prohibition of force under Int law
international law
Don't know?
3 of 63
Definition
• Aim of immunity was to allow heads of states (HOS) to conduct
international relations smoothly.
• Provides for the inviolability of the person and premises of a
foreign state's representatives.
• Also provides for immunities from the exercise of jurisdiction over
those representatives.
• Premised on sovereign equality (principle of state sovereignty).
,• Two forms of immunity: personal and functional.
• Provided for by both customary law and Vienna Convention on the
Law of Treaties.
• Arrest Warrant Case (ICJ) - certain holders of high ranking office in
a state, such as the HOS, head of government, and minister of
foreign affairs enjoy personal immunity.
• Personal immunity is absolute, covers both private and public acts
committed by officials.
• Functional immunity relates to conduct carried out on behalf of a
states. It is more commonly used in civil cases.
• Functional immunity, unlike personal immunity, does not attach to
all conduct performed by state officials.
• In SA, this type of immunity is governed by the Foreign States
Immunities Act 87 of 1981.
Give this one a try later!
Prohibition of the use of force under Major difference between custom
international law and treaties?
Immunity of foreign heads of Considered a 'lawful reprisal',
states generally provided that:
Don't know?
4 of 63
Definition
• There is a prohibition of the use of force under international law.
• There are 2 exceptions to this rule: (i) where there is a threat to
international peace and security, the Security Council may authorise
, the use of collective force or a regional force (e.g. the case of Libya)
to use force (ii) where a state acts in self-defence. Ajubaria must be
able to prove these two points, in particular self-defence.
• Students must also show whether anticipatory or preventive self-
defence is allowed
Give this one a try later!
Immunity of wives (spouses) of Prohibition of the use of force
foreign heads of states? under international law
Immunity in relation to murder,
Role of UN in settlement of disputes
assault and similar offences?
Don't know?
5 of 63
Definition
• UN should step in to prevent the escalation of this conflict.
• One way of addressing this is the peaceful settlement of disputes
under article 2(3) of the UN Charter
• Peaceful settlement of disputes include the use of negotiation,
mediation, conciliation, inquiry and judicial settlement under the ICJ.
• Students should be able to identify any of these measures, and
show how these could be used to prevent a potential war between
Ajubaria and Kalakuta.
Give this one a try later!
