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University of Pretoria *
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Course
320
Subject
Law
Date
Nov 24, 2024
Type
Pages
4
Uploaded by ElderPartridge3544
Department:
Semester
Test
I:
Date:
Total:
Time:
Examiner:
Faculty
of
Law
Public
Law
PBL
320
(Public
Law)
17/08/2023
20
60
min
Prof
N
Dyani-Mhango
Introduction
and
Nature
of
international
law
1.
The
definition
of
international
law
stipulates
that
international
law
concerns
the
relationship
between
individuals
whose
legal
relations
are
governed
by
the
laws
of
different
states.
a.
True
b.
False
2)
In
the
Reparation
for
Injuries
Suffered
in
the
Service
of
the
United
Nations
Ca;e,
the
International
Court
of
Justice
concluded
that
the
United
Nations
is
a
subject
of
international
law
capable
of
possessing
international
rights
and
duties.
a.
True
b.
False
Critical
theories
of
international
law
3.
The
Third
World
Approaches
to
International
Law
(TWAIL)
theory
rejects
the
idea
of
international
law
and
advances
a
move
to
the
dominant
Third
World
vision
of
international
law.
a.
True
b.
False
4.
Choose
the
incorrect
answer
about
the
Feminist
theory
in
relation
to
international
law:
a.
Itplaces
women
at
the
centre
of
inquiry
and
works
for
an
end
to
the
oppression
of
and
discrimination
against
women.
b.
Itadvocates
for
the
domination
of
women
in
international
organisations.
,’2
o
Sources
(treaties,
custom
and
jus
cogens)
3/
J/
Please
read
the
following
scenario
and
answer
the
questions
that
follo
2
;
:
@x
states,
Aleta,
Carmon,
Vignar,
Oskam,
Rayte
and
Tamra,
conclude
a
treaty
on
“telecommunications
services
on
3
March
2009.
The
treaty,
called
the-Convention
on
Joint
Telecommunication
(CJT),
provides
for
the
establishment
of
a
common
telecommunication
network,
to
which
all
national
telecommunication
supplies
will
contribute.
In
Article
7,
the
CJT
lists,
each
in
a
different
paragraph,
over
20
frequencies
that
will
henceforth
be
used
for
telecommunication
purposes.
After
a
number
of
further
technical
provisions,
Article
15
contains
a
dispute
settlement
clause
and
reads
as
follows:
Article
15:
Dispute
settlement
1.
In"the
event
of
a
dispute
among
the
parties
relating
to
the
interpretation*
of
the
recent
Convention,
the
State
Parties
to
the
dispute
shall
consult
each
other
in
order
to
find
solutions
to
the
dispute.
2.
If
within
6
months
no
solution
is
found
either
party
to
the
dispute
may:
a.
Bring
the
dispute
to
the
International
Court
of
Justice,
provided
that
both
or
all
parties
to
the
dispute
have
at
that
time
accepted
the
jurisdiction
of
the
International
Court
of
Justice
in
respect
of
such
dispute;
b
Request
to
establish
an
arbitral
tribunal
to
solve
the
dispute.
‘\/\>
¥
2
|
el
<
|
.
.
In
addition,
Oskam
attaches
a
reservation
to
ts
instrument
of
ratification
which
it
dgpsc:ys
at
the
b‘\eggning,i
of
June
2009,
saying
that
‘The
Government
of
the
State
of
Oskam
reserves
the fight
to
prohibit
the
use
of
the
frequency
listed
in
paragraph
5
of
Ar_tlclell7
(1,9205
MHz)
for
telecommunication
purposes,
since
this
frequency
is
traditionally
reserved
for
emergency
situations
of
the
Oskamian
air
force'.
While
Aletta
remains
silent
on
these
two
communications,
the
other
states
(Carmon,
Rayte,
Tamra
and
also
Oskam)
vehemently
protest
against
the
reservation
ma%e
gy
Vignar,
which
they
consider
not
to
be
acceptable:
Concerning
the
reservation
ma
e
);
Oskam,
only
Rayte
reacts,
saying
that
it
strongly
objects
to
such
,I,ate,c/ha}ngehs
to't
negotiated
frequencies
as
a
matter
of
principle
since
Oskam
could
_have
said
earlier
that
|
had
a
problem
with
that
frequency
instead
of
now
‘destroying’
the
treaty.
As
a
consequence,
‘mutual
trust
between
the
parties
is
severely
hampered
and‘
Rayte
not
see
itself
fit
to
enter
into
treaty
relations
with
Oskam
under
these
circumstances
.
Please
Note:
)
;
)
»
All
States
are
parties
to
the
Vienna
Convention
on
the
Law
of
Treaties
since
its
entry
into
force.
ool
o
>
Article
18
of
the
CJT
stipulates:
‘Reservations
mgde;jgflgles;’9,/'1Qandw21/8re
prohibited’.
-
yf
5
=
Unialg
)
sHQ
e
nck
&
skt
when
Answer
the
following
questions:
5.
According
to
Article
19>of
the
Vienna
Convention
on
the
Law
of
Treaties.,
a
reservation
has
to
be
made
when
the
state
in
question
is
signing,
rarifying,
accepting,
approving
or
acceding
to
the
treaty
in
question.
Vignar
and
Oskam
fulfilled
this
requirement
since
they
attached
their
reservations
to
their
respective
instruments
of
ratification.
a.
True
Q
False
6.
The
reservation
made
by
Vignar
to
Article
15
of
the
CJT
is
admissible.
a.
True
b..
False
7.
Oskam's
reservation
is
not
compatible
with
the
object
and
purpose
of
the
CJT
and
is
therefore
inadmissible.
a.
True
b.
False
8.
The
reservation
by
Oskam
will
be
applicable
to
the
states
of
Alleta,
Carmon,
and
Tamra
after
a
period
of
ten
(10)
months
of
being
silent
about
it.
a.
True
&b.\
False
9.
Article
7
paragraph
5
of
the
CJT
containing
the
frequency
of
1,920.5
MHz
will
not
be
applicable
between
Oskam
and
Aleta,
Oskam
and
Carmon,
Oskam
and
Tamra,
and
/Oskam
and
Vignar.
(
a)
True
b
False
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Read
the
following
scenario
and
then
answer
the
questions
that
follow.
After
several
days
of
intensive
negotiations,
the
President
of
Warland
a
nd
the
President
of
Peaceland
signed
the
Treaty
on
the
Exchange
of
Military
Technology
(TEMT).
The
TEMT
was
signed
on
4
April
2011
and,
according
to
Article
34,
entered
into
force
3Q
days
after
its
signature
by
the
two
presidents.
This
treaty
does
not
contain
any
s_QeCIal'Qrocedure
concerning
its
authentication.
However,
during
the
negotiations,
the
two
parties
agreed
that
simple
signature
would
be
enough
to
conclude
the
TEMT.
10.
1.
12.
13.
14,
15.
The
TEMT
is
not
valid
since
the
two
presidents
did
not
produce
full
powers
when
negotiating,
concluding,
and
signing
the
TEMT.
a.
True
IS
un1Y
b.
False
.
The
TEMT
will
not
bind
the
two
states
because
it
is
not
ratified
by
the
states
of
Warland
and
Peaceland.
a.
True
b.
False
Choose
a
source
that
does
not
fall
under
the
traditional
sources
of
international
law
in
terms
of
Article
38(1)
Statute
of
the
International
Court
of
Justice
(ICJ
Statute)
a.
Treaties
b.
International
customs
and
norms
c.
Conventions
d.
Resolutions
of
the
United
Nations
General
Assembly.
The
two
requirements
for
a
norm
to
acquire
customary
international
law
status
are:
a.
States
must
consider
the
rule
to
be
a
jus
cogens
norm,
and
that
it
must
be
a
general
principle
from
civilized
nations.
b.
arelatively
uniform
and
consistent
state
practice
regarding
a
particular
manner,
and
a
belief
among
states
that
such
practice
is
legally
compelled.
The
principle
of
Pacta
sunt
servanda
signifies
that:
a.
States
are
bound
by
treaties
they
have
not
ratified
in
certain
circumstances.
b.
Treaties
must
be
in
writing.
c..
The
agreement
entered
into
by
States
will
be
respected
and
followed
by
them
in
good
faith.
d.
Though
the
States
are
bound
to
recognize
an
agreement
entered
into
by
them
but
cannot
be
compelled
to
follow.
Indicate
which
statement
is
correct
and
in
accordance
with
The
Vienna
Convention
on
the
Law
of
Treaties?
a.
The
reservation
and
the
objection
cancel
each
other,
and
all
the
provisions
of
the
treaty
will
apply
to
all
parties.
b..
The
provisions
of
the
treaty
to
which
the
reservation
applies,
shall
not
apply
between
the
reserving
State
and
the
objecting
State
unless
the
objecting
State
specifically
objects
to
the
entry
into
force
of
the
treaty
as
between
the
two
States.
c.
The
reservation
and
the
objection
prevent
the
treaty
from
coming
into
force
in
respect
of
all
its
parties.
d.
The
objection
invalidates
the
reservation,
and
the
reserving
State
ceases
to
be
a
party
to
the treaty.
L