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Van Zyl and Others v. Government of Republic of South Africa and Others

South Africa.  20 July 2005 ; 20 September 2007 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Diplomatic relations — Diplomatic protection — Appellants requesting diplomatic protection from Government of South Africa against Government of Lesotho — Whether State having obligation to provide diplomatic protection — Position under international law — Whether South Africa entitled to afford appellants diplomatic protection — Whether appellants having right to diplomatic protection under South African law — South African Constitution — Responsibility of executive for conducting foreign relations — Discretion of executive with respect to diplomatic relations — Principle of equal sovereignty of States — Policy considerations — Lesotho cancelling and revoking mining leases without payment of compensation — Whether international delict — Whether violating international minimum standards — Whether expropriation — Nationality requirement — Exhaustion of local remedies requirement — Whether claim admissible before international tribunal

Nationality — Diplomatic protection — Nationality requirement for international delict — Whether nationality rule disqualifying South African Government from affording diplomatic protection to appellants — Continuous nationality rule

Claims — Exhaustion of local remedies — Diplomatic protection — Exhaustion of local remedies rule for international delict — Whether exhaustion of local remedies rule disqualifying South African Government from affording diplomatic protection to appellants — Whether Lesotho courts rectifying wrongs

Relationship of international law and municipal law — Conduct of foreign relations — Whether justiciable in municipal court — The law of South Africa

Type
Case Report
Copyright
© Cambridge University Press 2011

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