QUESTION 1

Critically discuss, through an analysis of South African case law, whether there is an obligation on the South African government to offer diplomatic protection to its nationals abroad who have been injured by the actions of a foreign state. [25]

QUESTION 2

On 3 April 2020, the Republic of Airoterp entered the territory of the Republic of Aibmaz, without authorisation, and killed Diaprem in his home. The government of Airoterp claims that Diaprem is a terrorist who had carried out a series of bombings that killed over 100 people within its territory. From reports, Diaprem was unarmed when he was shot and killed by members of the Airoterp special forces.

Evaluate the actions of the Republic of Airoterp based on the questions below with reference to authority:

a) Briefly state the position of international law regarding the use of force (4)

b) Are there circumstances under which a state may deviate from this rule? (8)

c) Can the Republic of Airoterp justify its actions under any of these circumstances? (8)

d) Does the Republic of Aibmaz have any claim against the actions of the Republic of Airoterp? (5)

QUESTION 3

Write short notes on the following with reference to authority:

a) The requirements that must be present for a rule of customary international law to develop (10)

b) The concept of "self-executing" treaties under section 231(4) of the South African Constitution (10)

c) The distinction between personal and functional immunity (10)

d) The distinction between the declaratory and constitutive theories of statehood (10)

e) The fundamental characteristics of the Third World Approaches to International Law (TWAIL) scholarship and political action (10)