LCP4801 – 2017 OCT/NOV exam memo

False, the two requirements to be present for a rule of customary international to develop are: (1) General practice referred to as usus; and (2) Accepted as law referred to as opinion juris. True, the IJC confirmed that the UN may exercise diplomatic protection over its agents and also institute action on their behalf for injuries suffered in the course of their duties. True, however crimes over which nationality jurisdiction is exercised depends on whether the state’s legal system is based on, civil or common law. False, in S v Banda the court came to the conclusion the declaratory theory was the more acceptable theory to follow in terms of recognition as a requirement. The proponents of this theory maintain the act of recognition is not a requirement of statehood