3/5/24, 10:57 PM LCP4801 - International law | Quizlet
Name: Score:
63 Multiple choice questions
Definition 1 of 63
A state has a right to protect its nationals abroad who have been injured by the actions of
the foreign state. The state may take up the case of its subject by resorting to diplomatic
action, or international judicial proceedings. The cornerstone of this right is that an injury
to a national is considered to be an injury to the state (Panevyezys-Saldutiskis Railway Case).
Therefore, under international law, the right of diplomatic protection vests in the state. The
state is not under any duty to exercise its right. While the domestic laws of a state may impose
such obligation, international law does not.
Ius cogens
State liability under int law
Section 231(4) of con
Diplomatic protection
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,3/5/24, 10:57 PM LCP4801 - International law | Quizlet
Definition 2 of 63
- 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.
Capacity to enter into relations with other states
Diplomatic protection
Certain people may bind the state ex officio in terms of Article 7(2) of the VC:
Quagliani case
Definition 3 of 63
- court will apply international custom as evidence of a general practice accepted as law
- 2 requirements
1) general practice (usus)
2) accepted as law (opinio juris)
Under customary international law the
right to use force in self-defence was justified
Circumstances in which a treaty can be terminated
self-executing treaty
Formation of customary international law
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, 3/5/24, 10:57 PM LCP4801 - International law | Quizlet
Definition 4 of 63
When interpreting any legislation, every court must prefer
any reasonable interpretation of the legislation that is consistent with international law over
any alternative interpretation that is inconsistent with international law". International law in
this context includes unincorporated treaties to which SA is a party.
section (39)(1)(b) of Constitution
section 231(4) of Con
section 233 of Constitution
article 51 of un charter
Definition 5 of 63
(1) Whether the treaty has been concluded and binds SA through parliamentary approval.
(2) Whether the treaty falls within one of the four exceptions in section 231(3) in which case it
binds without parliamentary approval.
(3) If it falls within one of these exceptions, then it cannot (presumably from the wording) be
self-executing.
(4) If it doesn't fall within one of the exceptions, he will then have to:
(a) determine the intention of the signatories
(b) examine the surrounding circumstances
(5) From this he will have to examine whether the treaty contains any provision which requires
legislation to make it operative municipally.
(6) He will also have to examine the nature of the treaty to see whether treaties of that kind
require legislation to make them operative municipally
(7) As if this were not enough, he then has to determine whether the treaty conflicts with the
Constitution
(8) He also has to examine whether it conflicts with an Act of parliament - and in this regard he
will have also to consider section 233
Diplomatic protection
Differences between int and national law
If a party therefore claims that a treaty is self-executing, the judicial officer will have to
determine
State liability under Int law
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Name: Score:
63 Multiple choice questions
Definition 1 of 63
A state has a right to protect its nationals abroad who have been injured by the actions of
the foreign state. The state may take up the case of its subject by resorting to diplomatic
action, or international judicial proceedings. The cornerstone of this right is that an injury
to a national is considered to be an injury to the state (Panevyezys-Saldutiskis Railway Case).
Therefore, under international law, the right of diplomatic protection vests in the state. The
state is not under any duty to exercise its right. While the domestic laws of a state may impose
such obligation, international law does not.
Ius cogens
State liability under int law
Section 231(4) of con
Diplomatic protection
https://quizlet.com/890509884/test?answerTermSides=2&promptTermSides=6&questionCount=63&questionTypes=4&showImages=true 1/29
,3/5/24, 10:57 PM LCP4801 - International law | Quizlet
Definition 2 of 63
- 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.
Capacity to enter into relations with other states
Diplomatic protection
Certain people may bind the state ex officio in terms of Article 7(2) of the VC:
Quagliani case
Definition 3 of 63
- court will apply international custom as evidence of a general practice accepted as law
- 2 requirements
1) general practice (usus)
2) accepted as law (opinio juris)
Under customary international law the
right to use force in self-defence was justified
Circumstances in which a treaty can be terminated
self-executing treaty
Formation of customary international law
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, 3/5/24, 10:57 PM LCP4801 - International law | Quizlet
Definition 4 of 63
When interpreting any legislation, every court must prefer
any reasonable interpretation of the legislation that is consistent with international law over
any alternative interpretation that is inconsistent with international law". International law in
this context includes unincorporated treaties to which SA is a party.
section (39)(1)(b) of Constitution
section 231(4) of Con
section 233 of Constitution
article 51 of un charter
Definition 5 of 63
(1) Whether the treaty has been concluded and binds SA through parliamentary approval.
(2) Whether the treaty falls within one of the four exceptions in section 231(3) in which case it
binds without parliamentary approval.
(3) If it falls within one of these exceptions, then it cannot (presumably from the wording) be
self-executing.
(4) If it doesn't fall within one of the exceptions, he will then have to:
(a) determine the intention of the signatories
(b) examine the surrounding circumstances
(5) From this he will have to examine whether the treaty contains any provision which requires
legislation to make it operative municipally.
(6) He will also have to examine the nature of the treaty to see whether treaties of that kind
require legislation to make them operative municipally
(7) As if this were not enough, he then has to determine whether the treaty conflicts with the
Constitution
(8) He also has to examine whether it conflicts with an Act of parliament - and in this regard he
will have also to consider section 233
Diplomatic protection
Differences between int and national law
If a party therefore claims that a treaty is self-executing, the judicial officer will have to
determine
State liability under Int law
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