ESTUDYR
LCP4801 - International law Questions with Complete
Solutions and Detailed Rationales
Diplomatic protection is best defined as:
A. A private individual suing a foreign state in international courts.
B. A state’s right to take up the case of its national injured by a foreign state (by diplomatic
action or international proceedings).
C. A UN agency suing a state on behalf of an NGO.
D. The right of a foreign national to claim benefits from their home state.
Answer: B.
Rationale: Diplomatic protection treats an injury to a national as an injury to the state
(Panevėžys-Saldūtiškis Railway Case); the right vests in the state.
Which body was held capable of exercising legal personality and bringing claims on behalf
of its agents (Reparation for Injuries case)?
A. The International Criminal Court
B. The European Court of Human Rights
C. The United Nations
D. The League of Nations
Answer: C.
Rationale: ICJ recognized the UN’s capacity to bring claims for injuries to its agents (1949).
Recognition by other states is necessary for statehood according to which theory?
A. Declaratory theory
B. Constitutive theory
C. Montevideo Convention theory
D. Recognition-by-treaty theory
Answer: B.
Rationale: Constitutive theory holds recognition by other states is necessary; declaratory
theory (preferred in S v Banda case) focuses on objective criteria.
Under South Africa’s Constitution, an international agreement binds the Republic only
after:
A. Signature by the President.
B. Deposit with the UN.
C. Approval by resolution in both the National Assembly and the NCOP (unless s231(3)
exception applies).
D. Judicial review.
Answer: C.
,ESTUDYR
Rationale: Section 231(2) requires parliamentary approval unless the agreement is
technical/administrative per s231(3).
Which section allows certain executive international agreements to bind the Republic
without parliamentary approval (if technical/administrative)?
A. s231(1)
B. s231(3)
C. s231(4)
D. s231(5)
Answer: B.
Rationale: s231(3) exempts technical/admin agreements entered by national executive from
prior parliamentary approval (but they must be tabled).
A self-executing treaty means:
A. It requires implementing domestic legislation to take effect.
B. It never binds domestic law.
C. It operates domestically without further legislation, depending on parties’ intent and text.
D. It overrides the constitution.
Answer: C.
Rationale: Self-execution depends on the treaty’s terms and the intention of signatories
(Shearer formulation).
Which inquiry is NOT part of a judge’s test for self-execution of a treaty?
A. Whether the treaty was concluded and binds the state.
B. Whether the treaty requires legislation to be operative municipally.
C. Whether the treaty conflicts with the Constitution.
D. Whether the treaty was registered at the UN Secretariat.
Answer: D.
Rationale: Registration at the UN is procedural; self-execution analysis focuses on intent,
domestic effect, and constitutional compatibility.
Article 51 of the UN Charter recognizes:
A. The right to use force for expansion.
B. The right to preemptively invade another state for economic gain.
C. The inherent right of individual or collective self-defence if an armed attack occurs, until
the Security Council acts.
D. The automatic delegation of force to regional organizations.
Answer: C.
Rationale: Article 51 preserves self-defence but limits it until and unless the Security Council
acts.
, ESTUDYR
Which of the following is NOT a legitimate peaceful settlement method under international
law?
A. Negotiation
B. Mediation
C. Unilateral forcible annexation
D. Arbitration
Answer: C.
Rationale: Peaceful settlement includes negotiation, mediation, conciliation, inquiry,
arbitration, judicial settlement — not forcible annexation.
Customary international law requires two elements. They are:
A. Opinio juris and pacta sunt servanda.
B. Usus (general practice) and opinio juris (sense of legal obligation).
C. Ratification and registration.
D. State consent and reservation.
Answer: B.
Rationale: Usus = consistent state practice; opinio juris = belief that practice is legally required.
The main difference between treaty law and custom is that:
A. Both bind only those that signed.
B. Custom binds all states (generally); treaties bind only parties.
C. Treaties are formed by practice; custom by signature.
D. Custom requires explicit consent by signature.
Answer: B.
Rationale: Customary law is generally applicable; treaties are binding only on parties.
Opinio juris refers to:
A. The number of states following a practice.
B. The time required for custom to form.
C. The psychological belief that a practice is legally required.
D. The frequency of diplomatic notes.
Answer: C.
Rationale: States must act from a sense of legal obligation (North Sea Continental Shelf case).
Which of these is an example of indirect state liability in international law?
A. State troops invade territory.
B. State official signs a treaty.
C. State fails to prevent attacks by non-state actors against foreign nationals within its
territory.
D. State passes domestic legislation.
LCP4801 - International law Questions with Complete
Solutions and Detailed Rationales
Diplomatic protection is best defined as:
A. A private individual suing a foreign state in international courts.
B. A state’s right to take up the case of its national injured by a foreign state (by diplomatic
action or international proceedings).
C. A UN agency suing a state on behalf of an NGO.
D. The right of a foreign national to claim benefits from their home state.
Answer: B.
Rationale: Diplomatic protection treats an injury to a national as an injury to the state
(Panevėžys-Saldūtiškis Railway Case); the right vests in the state.
Which body was held capable of exercising legal personality and bringing claims on behalf
of its agents (Reparation for Injuries case)?
A. The International Criminal Court
B. The European Court of Human Rights
C. The United Nations
D. The League of Nations
Answer: C.
Rationale: ICJ recognized the UN’s capacity to bring claims for injuries to its agents (1949).
Recognition by other states is necessary for statehood according to which theory?
A. Declaratory theory
B. Constitutive theory
C. Montevideo Convention theory
D. Recognition-by-treaty theory
Answer: B.
Rationale: Constitutive theory holds recognition by other states is necessary; declaratory
theory (preferred in S v Banda case) focuses on objective criteria.
Under South Africa’s Constitution, an international agreement binds the Republic only
after:
A. Signature by the President.
B. Deposit with the UN.
C. Approval by resolution in both the National Assembly and the NCOP (unless s231(3)
exception applies).
D. Judicial review.
Answer: C.
,ESTUDYR
Rationale: Section 231(2) requires parliamentary approval unless the agreement is
technical/administrative per s231(3).
Which section allows certain executive international agreements to bind the Republic
without parliamentary approval (if technical/administrative)?
A. s231(1)
B. s231(3)
C. s231(4)
D. s231(5)
Answer: B.
Rationale: s231(3) exempts technical/admin agreements entered by national executive from
prior parliamentary approval (but they must be tabled).
A self-executing treaty means:
A. It requires implementing domestic legislation to take effect.
B. It never binds domestic law.
C. It operates domestically without further legislation, depending on parties’ intent and text.
D. It overrides the constitution.
Answer: C.
Rationale: Self-execution depends on the treaty’s terms and the intention of signatories
(Shearer formulation).
Which inquiry is NOT part of a judge’s test for self-execution of a treaty?
A. Whether the treaty was concluded and binds the state.
B. Whether the treaty requires legislation to be operative municipally.
C. Whether the treaty conflicts with the Constitution.
D. Whether the treaty was registered at the UN Secretariat.
Answer: D.
Rationale: Registration at the UN is procedural; self-execution analysis focuses on intent,
domestic effect, and constitutional compatibility.
Article 51 of the UN Charter recognizes:
A. The right to use force for expansion.
B. The right to preemptively invade another state for economic gain.
C. The inherent right of individual or collective self-defence if an armed attack occurs, until
the Security Council acts.
D. The automatic delegation of force to regional organizations.
Answer: C.
Rationale: Article 51 preserves self-defence but limits it until and unless the Security Council
acts.
, ESTUDYR
Which of the following is NOT a legitimate peaceful settlement method under international
law?
A. Negotiation
B. Mediation
C. Unilateral forcible annexation
D. Arbitration
Answer: C.
Rationale: Peaceful settlement includes negotiation, mediation, conciliation, inquiry,
arbitration, judicial settlement — not forcible annexation.
Customary international law requires two elements. They are:
A. Opinio juris and pacta sunt servanda.
B. Usus (general practice) and opinio juris (sense of legal obligation).
C. Ratification and registration.
D. State consent and reservation.
Answer: B.
Rationale: Usus = consistent state practice; opinio juris = belief that practice is legally required.
The main difference between treaty law and custom is that:
A. Both bind only those that signed.
B. Custom binds all states (generally); treaties bind only parties.
C. Treaties are formed by practice; custom by signature.
D. Custom requires explicit consent by signature.
Answer: B.
Rationale: Customary law is generally applicable; treaties are binding only on parties.
Opinio juris refers to:
A. The number of states following a practice.
B. The time required for custom to form.
C. The psychological belief that a practice is legally required.
D. The frequency of diplomatic notes.
Answer: C.
Rationale: States must act from a sense of legal obligation (North Sea Continental Shelf case).
Which of these is an example of indirect state liability in international law?
A. State troops invade territory.
B. State official signs a treaty.
C. State fails to prevent attacks by non-state actors against foreign nationals within its
territory.
D. State passes domestic legislation.
