LCP4801_International_Law_Exam_Questions AND ANSWERS.

LCP4801_International_Law_Exam_Questions AND ANSWERS. INTERNATIONAL LAW LCP4801 - QUESTION PAPERS PERIOD 0CT/NOV 2018 – SEMESTER 1 - 2019 Page 1 ASSIGNMENT 2 (1 APRIL 2019) Total: 15 Marks State whether the following statement is true or false. 1. Two sources of international law include custom and jus cogens. False Article 38 of the ICJ statute lists custom, treaties, general principles and scholarly writings as sources of international law. 2. For a state to meet the requirements of statehood contained in the Mondevideo Convention, it must have a minimum of 10 000 inhabitants. False The Montevideo Convention requires a permanent population and does not stipulate a minimum or maximum size. See Strydom 36 – 42. 3. In terms of the Statute of the International Court of Justice, individuals whose human rights are violated by government agents can approach the court for redress. False The ICJ Statute stipulates that the court only has jurisdiction over states. See article 34(1) of the Statute which provides that: "Only states may be parties in cases before the Court". 4. Depending on the circumstances of each case, a state is permitted to derogate from a norm of jus cogens if doing so would be in the interests of justice. False States cannot ‗contract out‘ of jus cogens – such a norm is absolutely binding on all states. See Strydom 84; Study Guide 30. 5. In tracing the history and development of international law, regard must only be had to the histories of the Greeks and the Romans, and to some extent, early European nation states. False Africa's contribution also needs to be taken into account as demonstrated by the articles written by Umozurike, Elias and Smith. See pages 2, 3 of the Study Guide. 6. The right of state to act in self-defence is provided for in article 51 of the UN Charter. True The UN Charter provides in article 51 that, "Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security…" 7. Territorial jurisdiction means that states are not permitted under international law to prosecute offenders for conduct which occurred outside the state's territory. True Territoriality as a jurisdictional link means that states have a right to prosecute offenders for conduct that occurred on their territory (waters, land and airspace). For a state to prosecute an offender for conduct which occurred outside their territory, some other link must exist, such as passive personality (victim is a national of that state), nationality (the perpetrator is a national), protective interest (the state is safe-guarding some important interest) or even universal jurisdiction. See Strydom 242 – 246; Study Guide 80). 8. In terms of article 35 of the Vienna Convention on the Law of Treaties, a state can only be bound by obligations arising from a treaty if it is a party to that particular treaty. True The Convention provides in article 35 that, "An obligation arises for a third State from a provision of a treaty if the parties to the treaty intend the provision to be the means of establishing the obligation and the third State expressly accepts that obligation in writing". 9. In terms of international law, a state is under a legal obligation to exercise diplomatic protection on behalf of a national who has been injured abroad. False States have a right, not a duty, to exercise diplomatic protection. See page 59 of the Style Guide. 10. Individuals are considered as full subjects of international law. False States, and not individuals, are subjects of international law, since this legal discipline serves to regulate their relations inter se. See page 2 Study Guide. 11. In terms of the UN Charter, the General Assembly of the United Nations has a primary responsibility for the maintenance of international peace and security. False INTERNATIONAL LAW LCP4801 - QUESTION PAPERS PERIOD 0CT/NOV 2018 – SEMESTER 1 - 2019 Page 2 The primary organ charged with maintaining (17) LCP4801/1 peace and security is the Security Council. See pages 16, 69 of the Study Guide; article 24 UN Charter. 12. The principle of universality entails that a state has jurisdiction over acts committed in its territory only. False The principle of universality (otherwise known as universal jurisdiction) allows a state which has no other connection with either the accused, the victim or the crime to exercise jurisdiction over that crime as an agent of all humankind. See Strydom 250 – 252; Study Guide page 80). 13. The jurisdiction exercised by the International Criminal Court is regarded as complementary to that of domestic courts. True See article 17 of the ICC Statute, which stipulates that the ICC may only be seized of a matter if the state which has jurisdiction over it is either unwilling or unable to proceed with it. 14. The terms diplomatic immunity and diplomatic protection can be used interchangeably and they refer to the safety and security of diplomats. False Diplomatic Immunity refers to protection enjoyed by diplomats by virtue of the offices they hold. This privilege allows them to stay outside the jurisdiction of the courts of domestic foreign courts. Diplomatic protection refers to ‗the invocation by a State, through diplomatic action or other means of peaceful settlement, of the responsibility of another State for an injury caused by an internationally wrongful act of that State to a natural or legal person that is a national of the former State with a view to implementation of such responsibility'. See page 59 Study Guide. Assignment 2 (3 APRIL 2018) State whether the following statement is true or false. 1. In order for an entity to qualify as a state, it must have a permanent population amongst other requirements). True: The requirements are listed in the Montevideo Convention, and they are discussed in page 39 of Strydom. 2. If a state is recommended for UN membership by the Security Council, the General Assembly must decide on admission of that state by a simple majority of the voting members. True See page 58 of Strydom. 3. In terms of article 38(1)(d) of the ICJ Statute, international conventions are subsidiary means for the determination of the rules of law. False: Article 38(1)(d) of the ICJ Statute lists judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. See also Strydom page 65. 4. A jus cogens norm of international law is a peremptory norm from which no derogation is permitted. True, see Article 53 of the Vienna Convention. 5. Article 4(2) of the UN Charter prohibits the threat or use of force against the territorial integrity or political independence of any state, or in any manner inconsistent with the purposes of the United Nations. False Article 2(4) deals with the prohibition of the threat or use of force against the territorial integrity of another state; whilst Article 4(2) deals with the role of the General Assembly and the Security Council in the admission of a state into the United Nations. 6. In terms of the 2001 ILC Draft Articles on the Responsibility of States for internationally wrongful acts, necessity may never be invoked as a ground for precluding wrongfulness. False In terms of Article 25(1) of the Draft Articles provides that necessity may only be invoked as a ground for precluding wrongfulness in the act complained of was the only way for the state to safeguard an essential interest against a grave and imminent peril, and if the act did not seriously impair an essential interest of the state, or of the international community as a whole. See Strydom page 120.