LCP4801 INTERNATIONAL LAW CERTIFICATION
EVALUATION FILE 2026 FULL ANSWERED
MATERIAL DISTINCTION
◉ The United Nations may exercise diplomatic protection over its
agents and it may
institute an action on their behalf.. Answer: 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.. Answer:
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. Answer: 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). Answer: The negotiating and signing of all
international agreements is the responsibility
of the national executive.
◉ Section 231(2). Answer: 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). Answer: 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). Answer: The Republic is bound by international
agreements which were binding on the
Republic when the Constitution took eff ect.
◉ self-executing treaty. Answer: [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. Answer: (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.
EVALUATION FILE 2026 FULL ANSWERED
MATERIAL DISTINCTION
◉ The United Nations may exercise diplomatic protection over its
agents and it may
institute an action on their behalf.. Answer: 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.. Answer:
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. Answer: 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). Answer: The negotiating and signing of all
international agreements is the responsibility
of the national executive.
◉ Section 231(2). Answer: 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). Answer: 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). Answer: The Republic is bound by international
agreements which were binding on the
Republic when the Constitution took eff ect.
◉ self-executing treaty. Answer: [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. Answer: (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.
