8/11/25, 1:05 PM LCP4801 - International law EXAM Questions & Answers | 100% Verified solutions | 2025\2026 Latest!! Flashcards | Quizlet
LCP4801 - International law EXAM Questions &
Answers | 100% Verified solutions | 2025\2026
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Terms in this set (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
Diplomatic protection 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 True - This was confirmed by the ICJ in Reparation for
exercise diplomatic Injuries Suffered in the Service of the
protection over its agents United Nations 1949 ICJ Rep. By finding that the UN
and it may could in fact do both, the ICJ
institute an action on their recognised that it was a subject of international law
behalf. enjoying international legal personality.
https://quizlet.com/1065026553/lcp4801-international-law-exam-questions-answers-100-verified-solutions-20252026-latest-flash-cards/?new 1/21
,8/11/25, 1:05 PM LCP4801 - International law EXAM Questions & Answers | 100% Verified solutions | 2025\2026 Latest!! Flashcards | Quizlet
It was accepted by the False - In this case the court preferred the declaratory
court in S v Banda 1989 4 theory - ie only the four objective
SA 519 (Bop) that requirements in the Montevideo Convention must be
recognition by met for an entity to be considered a
other states is necessary state
before an entity may
become a state.
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
Section 231(4) of Con 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.
The negotiating and signing of all international
Section 231(1) agreements is the responsibility
of the national executive.
An international agreement binds the Republic only
after it has been approved by
Section 231(2) resolution in both the National Assembly and the
National Council of Provinces,
unless it is an agreement referred to in subsection (3).
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, 8/11/25, 1:05 PM LCP4801 - International law EXAM Questions & Answers | 100% Verified solutions | 2025\2026 Latest!! Flashcards | Quizlet
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
Section 231(3)
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.
The Republic is bound by international agreements
Section 231(5) which were binding on the
Republic when the Constitution took eff ect.
[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
self-executing treaty
to be determined by regard to the intention of the
signatory parties and to the surrounding
circumstances.
https://quizlet.com/1065026553/lcp4801-international-law-exam-questions-answers-100-verified-solutions-20252026-latest-flash-cards/?new 3/21
LCP4801 - International law EXAM Questions &
Answers | 100% Verified solutions | 2025\2026
Latest!!
Save
Terms in this set (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
Diplomatic protection 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 True - This was confirmed by the ICJ in Reparation for
exercise diplomatic Injuries Suffered in the Service of the
protection over its agents United Nations 1949 ICJ Rep. By finding that the UN
and it may could in fact do both, the ICJ
institute an action on their recognised that it was a subject of international law
behalf. enjoying international legal personality.
https://quizlet.com/1065026553/lcp4801-international-law-exam-questions-answers-100-verified-solutions-20252026-latest-flash-cards/?new 1/21
,8/11/25, 1:05 PM LCP4801 - International law EXAM Questions & Answers | 100% Verified solutions | 2025\2026 Latest!! Flashcards | Quizlet
It was accepted by the False - In this case the court preferred the declaratory
court in S v Banda 1989 4 theory - ie only the four objective
SA 519 (Bop) that requirements in the Montevideo Convention must be
recognition by met for an entity to be considered a
other states is necessary state
before an entity may
become a state.
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
Section 231(4) of Con 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.
The negotiating and signing of all international
Section 231(1) agreements is the responsibility
of the national executive.
An international agreement binds the Republic only
after it has been approved by
Section 231(2) resolution in both the National Assembly and the
National Council of Provinces,
unless it is an agreement referred to in subsection (3).
https://quizlet.com/1065026553/lcp4801-international-law-exam-questions-answers-100-verified-solutions-20252026-latest-flash-cards/?new 2/21
, 8/11/25, 1:05 PM LCP4801 - International law EXAM Questions & Answers | 100% Verified solutions | 2025\2026 Latest!! Flashcards | Quizlet
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
Section 231(3)
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.
The Republic is bound by international agreements
Section 231(5) which were binding on the
Republic when the Constitution took eff ect.
[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
self-executing treaty
to be determined by regard to the intention of the
signatory parties and to the surrounding
circumstances.
https://quizlet.com/1065026553/lcp4801-international-law-exam-questions-answers-100-verified-solutions-20252026-latest-flash-cards/?new 3/21
