Lcp 4801 - Study guides, Class notes & Summaries

Diplomatic protectionA 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 ...

LCP4801 ASSIGNMENT 1 SOLUTIONS SEMESTER 1, 2022

Personal immunity is status-based immunity that applies to certain state officials in high positions who are recognized under international law as representatives of the State solely by virtue of their office.1 Personal immunity (ratione personae), is an international law concept that bars the jurisdiction of courts over certain high-ranking state officials. 2 It is only available for the duration of the individual’s time in office. This immunity has been upheld in jurisprudence for Hea...

1. The primary sources of international law are judicial decisions of national courts only and the teachings of the most highly qualified publicists. FALSE 2. In the Arrest Warrant case, it was held that Ministers of Foreign Affairs do not enjoy functional immunity and can be arraigned before foreign domestic courts. TRUE 3. In the public international legal system, there are courts that enforce international law based on the system of precedent. TRUE 4. The veto power is enjoyed by selec...

INTERNATIONAL LAW LCP4801 EXAMINATION PAPER OCT/NOV 2000 QUESTION 1 (a) List the differences between public international law and municipal law (5) Municipal law Public International law 1. 1. (b) Define ius cogens and explain the effect of this concept on the validity of a treaty (10) (c) Briefly discuss the right of a foreign sovereign state to claim immunity before a South African court in a case arising from a commercial transaction into which it has entered (10) ...

LCP4801 Tutorial Letter 101/3 International Law Semesters 1 and 2

LCP4801 Tutorial Letter 201 -semester 2 - 2018

LCP4801 Tutorial Letter 201 -semester 2 - 2017