LCP4801 ASSIGNMENT 1 (SOLUTION) SEMESTER 1,
2023
International Law (Correct Answers) Body of rules and principles which are binding
upon states in their relations with one another.
Public international law (Correct Answers) Defined as: The rules which govern the
following relations:
Between sovereign independent states.
Between sovereign independent states and organisations made up of states.
Between organisations made up of states.
Treaty (Correct Answers) An international agreement concluded between states in
written form and governed by international law, whether embodies in a single instrument
or in two or more related instruments and whatever its particular designation. Or;
A treaty is an agreement, whether written or oral, concluded between public
international law subjects with the intention of creating a public international law
relationship. The agreement must give rise to reciprocal rights and duties and must be
governed by public international law.
Ways of concluding a treaty (Correct Answers) * Exchange of instruments
* Ratification
* Acceptance
* Approval
* Accession
* By any other means so agreed
Void Treaties: VC Art 48 - Error (Correct Answers) A state may invoke error it is
assumed the following: A fact or situation (which was) material (and) formed on the
basis of consent when the treaty was concluded and it did not itself contribute to the
error; or the circumstances were not suspicious.
Void Treaties: VC Art 49 - Fraud (Correct Answers) A state may invoke fraud if: It was
induced by fraudulent action of other negotiating states to conclude the treaty.
Void Treaties: VC Art 50 - Corruption (Correct Answers) A state may invoke corruption
of there was: Direct or indirect corruption (of) the state's representative (by) another
negotiating state.
, Void Treaties: VC Art 51 - Coercion (Correct Answers) A state may invoke coercion
where there was: Coercion of a representative by act or threats against the
representative by any person.
Void Treaties: VC Art 52 - Force (Correct Answers) A state may invoke force if there
was: Coercion of a state by threat or use of force contrary to the principles of
international law in the Charter.
Ius Cogens (Correct Answers) Defined by Article 53 of the VC as:
* An obligatory rule (of)
* general international law (which is)
* accepted and recognized by the community of states as a whole
* a rule from which no deviation is allowed (and)
* which can be altered only by another norm or rule of the same kind.
When are treaties voidable: (Correct Answers) 1. Fulfillment of obligations
2. Treaty Provision
3. Consent
4. Unilateral Repudiation
5. Conclusion of a new treaty
6. Breach of treaty
7. Impossibility of performance
8. Fundamental change of circumstances: Rebus sic stantibus
9. War and suspension of diplomatic/consular relations
10. Ius Cogens
The court may have regard to unincorporated treaties: (Correct Answers) * To interpret
ambiguous legislation
* To test the validity of delegated legislation on grounds of reasonableness
* Where the treaty is evidence of a customary public international law.
Definition of treaty reservations (Correct Answers) A reservation is an offer by the
reserving state to the other parties to a multilateral treaty that the agreement between
them will have certain content.
Reservations to treaties: A summary... (Correct Answers) First: Reservations arise only
in multilateral treaties
Secondly: Treaties are consensual
Thirdly: The aim of a multilateral treaty is to get as many states as possible to agree to
as many issues as possible.
Definition of international custom: (Correct Answers) International custom, as evidence
of a general practice accepted as law.
Two legs of customary international law:
1. General practice (usus)
2023
International Law (Correct Answers) Body of rules and principles which are binding
upon states in their relations with one another.
Public international law (Correct Answers) Defined as: The rules which govern the
following relations:
Between sovereign independent states.
Between sovereign independent states and organisations made up of states.
Between organisations made up of states.
Treaty (Correct Answers) An international agreement concluded between states in
written form and governed by international law, whether embodies in a single instrument
or in two or more related instruments and whatever its particular designation. Or;
A treaty is an agreement, whether written or oral, concluded between public
international law subjects with the intention of creating a public international law
relationship. The agreement must give rise to reciprocal rights and duties and must be
governed by public international law.
Ways of concluding a treaty (Correct Answers) * Exchange of instruments
* Ratification
* Acceptance
* Approval
* Accession
* By any other means so agreed
Void Treaties: VC Art 48 - Error (Correct Answers) A state may invoke error it is
assumed the following: A fact or situation (which was) material (and) formed on the
basis of consent when the treaty was concluded and it did not itself contribute to the
error; or the circumstances were not suspicious.
Void Treaties: VC Art 49 - Fraud (Correct Answers) A state may invoke fraud if: It was
induced by fraudulent action of other negotiating states to conclude the treaty.
Void Treaties: VC Art 50 - Corruption (Correct Answers) A state may invoke corruption
of there was: Direct or indirect corruption (of) the state's representative (by) another
negotiating state.
, Void Treaties: VC Art 51 - Coercion (Correct Answers) A state may invoke coercion
where there was: Coercion of a representative by act or threats against the
representative by any person.
Void Treaties: VC Art 52 - Force (Correct Answers) A state may invoke force if there
was: Coercion of a state by threat or use of force contrary to the principles of
international law in the Charter.
Ius Cogens (Correct Answers) Defined by Article 53 of the VC as:
* An obligatory rule (of)
* general international law (which is)
* accepted and recognized by the community of states as a whole
* a rule from which no deviation is allowed (and)
* which can be altered only by another norm or rule of the same kind.
When are treaties voidable: (Correct Answers) 1. Fulfillment of obligations
2. Treaty Provision
3. Consent
4. Unilateral Repudiation
5. Conclusion of a new treaty
6. Breach of treaty
7. Impossibility of performance
8. Fundamental change of circumstances: Rebus sic stantibus
9. War and suspension of diplomatic/consular relations
10. Ius Cogens
The court may have regard to unincorporated treaties: (Correct Answers) * To interpret
ambiguous legislation
* To test the validity of delegated legislation on grounds of reasonableness
* Where the treaty is evidence of a customary public international law.
Definition of treaty reservations (Correct Answers) A reservation is an offer by the
reserving state to the other parties to a multilateral treaty that the agreement between
them will have certain content.
Reservations to treaties: A summary... (Correct Answers) First: Reservations arise only
in multilateral treaties
Secondly: Treaties are consensual
Thirdly: The aim of a multilateral treaty is to get as many states as possible to agree to
as many issues as possible.
Definition of international custom: (Correct Answers) International custom, as evidence
of a general practice accepted as law.
Two legs of customary international law:
1. General practice (usus)
