LCP4801 - International law Questions with
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Terms in this set (63)
- sort of
- must be adopted with caution
Are individuals subjects of
- even in claiming protection under a human rights
international law
treaty, the individual can only do so as a legal subject
in national law
has acquired the status of customary international law
and is made up of three elements - the text (includes
Article 31(1) of the VCLT the preamble and any annexes to the treaty); the
context (article 31(2)(a) and (b) of the VCLT); and the
object and purpose.
treaties are of paramount important to development
of int law. organisations are created, disputes settled,
Article 38(1)(a) ICJ Statute
trade regulated and inter state relations are all
fostered by treaties. bilateral or multilateral
, 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
Article 51 of UN charter
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.
• The force exercised in self-defence must be
proportionate to the posed threat.
- state must be independent of any other authority in
the exercise of its foreign relations
- entity must be regarded as sovereign
Capacity to enter into - fact that state has relinquished certain aspects of its
relations with other states sovereignty will not necessarily deprive it of its
statehood (R v Christian)
- presence of external sovereignty is important
- also if other states recognize it
1. Heads of state
2. Heads of government
Certain people may bind 3. The Minister of Foreign Affairs
the state ex officio in 4. The head of a diplomatic mission
terms of Article 7(2) of the (ambassadors/consuls)
VC: 5. State representatives at treaty-making conferences
*If a person falls outside of this category, they must
produce full powers.
, 1) Fulfilment of obligation
Treaties concluded to serve a specific purpose will
terminate once the object of the
treaty has been fulfilled. For example, after post-
election riots in Kenya in 2007,
there was a food shortage. SA and Kenya concluded a
treaty for the delivery of
maize. Once the maize had been delivered, the object
of the treaty had been fulfilled
and the treaty will terminate.
2) Treaty provision
Where a treaty specifically provides that it may be
terminated in a specific way, the
treaty will terminate if the prescribed procedure is
followed. For example, Article XVIII
of the extradition treaty concluded between Great
Britain and Peru provides: "[This treaty] may be
terminated by either of the High Contracting Parties
by a notice not
exceeding one year and not less than six months". If
the necessary notice is given,
Circumstances in which a the treaty will terminate once this period has passed.
treaty can be terminated 3) Consent
If all parties concerned agree to its termination.
4) Conclusion of a new treaty
If all the original treaty parties conclude a new treaty
which covers the same subject
matter, and it appears that the parties intended the
new treaty to govern the issues,
or the two treaties conflict to such an extent that they
cannot operate concurrently.
5) Impossibility of performance
If an object indispensable for the performance is
permanently destroyed, and this isn't
the fault of the party raising impossibility.
6) Breach of treaty
7) War and suspension of diplomatic/consular
Complete Solutions 100% Correct
Save
Terms in this set (63)
- sort of
- must be adopted with caution
Are individuals subjects of
- even in claiming protection under a human rights
international law
treaty, the individual can only do so as a legal subject
in national law
has acquired the status of customary international law
and is made up of three elements - the text (includes
Article 31(1) of the VCLT the preamble and any annexes to the treaty); the
context (article 31(2)(a) and (b) of the VCLT); and the
object and purpose.
treaties are of paramount important to development
of int law. organisations are created, disputes settled,
Article 38(1)(a) ICJ Statute
trade regulated and inter state relations are all
fostered by treaties. bilateral or multilateral
, 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
Article 51 of UN charter
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.
• The force exercised in self-defence must be
proportionate to the posed threat.
- state must be independent of any other authority in
the exercise of its foreign relations
- entity must be regarded as sovereign
Capacity to enter into - fact that state has relinquished certain aspects of its
relations with other states sovereignty will not necessarily deprive it of its
statehood (R v Christian)
- presence of external sovereignty is important
- also if other states recognize it
1. Heads of state
2. Heads of government
Certain people may bind 3. The Minister of Foreign Affairs
the state ex officio in 4. The head of a diplomatic mission
terms of Article 7(2) of the (ambassadors/consuls)
VC: 5. State representatives at treaty-making conferences
*If a person falls outside of this category, they must
produce full powers.
, 1) Fulfilment of obligation
Treaties concluded to serve a specific purpose will
terminate once the object of the
treaty has been fulfilled. For example, after post-
election riots in Kenya in 2007,
there was a food shortage. SA and Kenya concluded a
treaty for the delivery of
maize. Once the maize had been delivered, the object
of the treaty had been fulfilled
and the treaty will terminate.
2) Treaty provision
Where a treaty specifically provides that it may be
terminated in a specific way, the
treaty will terminate if the prescribed procedure is
followed. For example, Article XVIII
of the extradition treaty concluded between Great
Britain and Peru provides: "[This treaty] may be
terminated by either of the High Contracting Parties
by a notice not
exceeding one year and not less than six months". If
the necessary notice is given,
Circumstances in which a the treaty will terminate once this period has passed.
treaty can be terminated 3) Consent
If all parties concerned agree to its termination.
4) Conclusion of a new treaty
If all the original treaty parties conclude a new treaty
which covers the same subject
matter, and it appears that the parties intended the
new treaty to govern the issues,
or the two treaties conflict to such an extent that they
cannot operate concurrently.
5) Impossibility of performance
If an object indispensable for the performance is
permanently destroyed, and this isn't
the fault of the party raising impossibility.
6) Breach of treaty
7) War and suspension of diplomatic/consular
