Description
QUESTION 1
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.
1.1 Briefly State the position of international law regarding the use of force. (6)
1.2 Are there circumstances under which a State may deviate from this rule? (8)
1.3 Can the Republic of Airoterp justify its actions under any of these circumstances? (8)
1.4 Does the of Aibmaz have any claim for reparations against the actions of the Republic of Airoterp? (8)
QUESTION 2
Discuss the concept of ‘self-executing’ treaties under section 231(4) of the South African Constitution.
QUESTION 3
Distinguish between the declaratory and constitutive theories of Statehood.
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