STUDENTS SUCCESS
Revision Examination Tests
“Come all for this greatness”
...100% Correct Ans...
LCP4801 ASSIGNMENT 1 ANSWERS SEMESTER 2 2024/2025 -
DISTINCTION GUARANTEED 100%
Diplomatic protection
ans:> 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.
The United Nations may exercise diplomatic protection over its agents
and it may
institute an action on their behalf.
ans:> True - This was confirmed by the ICJ in Reparation for Injuries
Suffered in the Service of the
United Nations 1949 ICJ Rep. By finding that the UN could in fact do
both, the ICJ
recognised that it was a subject of international law enjoying
international legal personality.
It was accepted by the court in S v Banda 1989 4 SA 519 (Bop) that
recognition by
other states is necessary before an entity may become a state.
ans:> False - In this case the court preferred the declaratory theory - ie
only the four objective
requirements in the Montevideo Convention must be met for an entity to
be considered a
,state
Section 231(4) of Con
ans:> Any international agreement becomes law in the Republic when it
is enacted into law by national legislation; but a self-executing provision
of an agreement that
has been approved by Parliament is law in the Republic unless it is
inconsistent
with the Constitution or an Act of Parliament. Tells us when a treaty that
is binding on South Africa internationally becomes law in South Africa.
The process necessary to transpose a treaty from the international plane
to the national plane.
Section 231(1)
ans:> The negotiating and signing of all international agreements is the
responsibility
of the national executive.
Section 231(2)
ans:> An international agreement binds the Republic only after it has
been approved by
resolution in both the National Assembly and the National Council of
Provinces,
unless it is an agreement referred to in subsection (3).
Section 231(3)
ans:> An international agreement of a technical, administrative or
executive nature,
or an agreement which does not require either ratifi cation or accession,
entered
into by the national executive, binds the Republic without approval by
the
National Assembly and the National Council of Provinces, but must be
tabled
in the Assembly and the Council within a reasonable time.
Section 231(5)
ans:> The Republic is bound by international agreements which were
binding on the
Republic when the Constitution took eff ect.
self-executing treaty
, ans:> [A treaty] which does not in the view of the American courts
expressly or by its nature require legislation to make it operative within
the municipal field, and that is to be determined by regard to the
intention of the signatory parties and to the surrounding circumstances.
If a party therefore claims that a treaty is self-executing, the judicial
officer will have to determine
ans:> (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
Section 231(5)
ans:> This is a typical succession provision which you will find in most
constitutions. It is important to note that the legal entity bound by the
treaty is the state, and not the government (which is likely to change
from time to time).
Article 51 of UN charter
ans:> 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
The following characteristics are important:
• The act taken in exercising the right to self-defence is valid only until
the Security Council acts.
• The purpose of the use of force must be clear: to defend oneself.
Revision Examination Tests
“Come all for this greatness”
...100% Correct Ans...
LCP4801 ASSIGNMENT 1 ANSWERS SEMESTER 2 2024/2025 -
DISTINCTION GUARANTEED 100%
Diplomatic protection
ans:> 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.
The United Nations may exercise diplomatic protection over its agents
and it may
institute an action on their behalf.
ans:> True - This was confirmed by the ICJ in Reparation for Injuries
Suffered in the Service of the
United Nations 1949 ICJ Rep. By finding that the UN could in fact do
both, the ICJ
recognised that it was a subject of international law enjoying
international legal personality.
It was accepted by the court in S v Banda 1989 4 SA 519 (Bop) that
recognition by
other states is necessary before an entity may become a state.
ans:> False - In this case the court preferred the declaratory theory - ie
only the four objective
requirements in the Montevideo Convention must be met for an entity to
be considered a
,state
Section 231(4) of Con
ans:> Any international agreement becomes law in the Republic when it
is enacted into law by national legislation; but a self-executing provision
of an agreement that
has been approved by Parliament is law in the Republic unless it is
inconsistent
with the Constitution or an Act of Parliament. Tells us when a treaty that
is binding on South Africa internationally becomes law in South Africa.
The process necessary to transpose a treaty from the international plane
to the national plane.
Section 231(1)
ans:> The negotiating and signing of all international agreements is the
responsibility
of the national executive.
Section 231(2)
ans:> An international agreement binds the Republic only after it has
been approved by
resolution in both the National Assembly and the National Council of
Provinces,
unless it is an agreement referred to in subsection (3).
Section 231(3)
ans:> An international agreement of a technical, administrative or
executive nature,
or an agreement which does not require either ratifi cation or accession,
entered
into by the national executive, binds the Republic without approval by
the
National Assembly and the National Council of Provinces, but must be
tabled
in the Assembly and the Council within a reasonable time.
Section 231(5)
ans:> The Republic is bound by international agreements which were
binding on the
Republic when the Constitution took eff ect.
self-executing treaty
, ans:> [A treaty] which does not in the view of the American courts
expressly or by its nature require legislation to make it operative within
the municipal field, and that is to be determined by regard to the
intention of the signatory parties and to the surrounding circumstances.
If a party therefore claims that a treaty is self-executing, the judicial
officer will have to determine
ans:> (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
Section 231(5)
ans:> This is a typical succession provision which you will find in most
constitutions. It is important to note that the legal entity bound by the
treaty is the state, and not the government (which is likely to change
from time to time).
Article 51 of UN charter
ans:> 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
The following characteristics are important:
• The act taken in exercising the right to self-defence is valid only until
the Security Council acts.
• The purpose of the use of force must be clear: to defend oneself.
