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LCP4801 Assignment 2 Semester 1 2026 (Answer Guide)
VERIFIED AND CERTIFIED ANSWERS. WRITTEN IN REQUIRED FORMAT AND WITHIN
GIVEN GUIDELINES. IT IS GOOD TO USE AS A GUIDE AND FOR REFERENCE, NEVER
PLAGARIZE. Thank you and success in your academics.
UNISA, 2026
Contents
QUESTION 1 .............................................................................................................................................. 2
1.1 The Development of International Law and the Contribution of Pre-Colonial African
Entities .................................................................................................................................................... 2
1.2 A Critical Definition of the Concept “Sovereign Equality” ................................................. 4
QUESTION 2 .............................................................................................................................................. 5
2.1 Usus as a Requirement for the Development of Customary International Law ........... 5
2.2 Circumstances Under Which a Treaty Can Be Deemed Invalid ........................................ 6
LIST OF REFERENCES ........................................................................................................................... 7
, 2|Page
QUESTION 1
1.1 The Development of International Law and the Contribution of Pre-Colonial
African Entities
International law developed gradually over centuries as a system of rules governing
relations between political communities. Although often presented as a European
creation emerging from the Peace of Westphalia in 1648, contemporary scholarship
recognises that international law evolved through interactions among diverse
civilisations long before the formalisation of European statehood (Shaw, 2017). A critical
and historically grounded analysis demonstrates that non-European societies, including
pre-colonial African entities, contributed significantly to the normative practices that later
shaped modern international law.
The traditional Eurocentric narrative traces the origins of international law to early
modern Europe, particularly the works of scholars such as Hugo Grotius, who
articulated principles concerning sovereignty, war, treaties and maritime law in the
seventeenth century (Brownlie, 2008). The Peace of Westphalia is frequently regarded
as the foundation of the modern state system, institutionalising the principle of territorial
sovereignty and non-intervention. However, this account obscures earlier diplomatic
traditions and inter-polity relations that existed in Africa, Asia and the Middle East.
Pre-colonial African political entities engaged in complex systems of diplomacy, treaty-
making, trade regulation and conflict resolution long before European colonisation.
These practices reflected structured legal norms governing relations between kingdoms,
empires and communities. For example, the Mali Empire (c. 13th–16th centuries)
maintained diplomatic and trade relations across North Africa and the Mediterranean
world. Its rulers entered into agreements that regulated trade routes, taxation and the
protection of merchants. Such arrangements reflect principles similar to modern treaty
law and diplomatic immunity.
Similarly, the Kingdom of Kongo engaged in formal diplomatic correspondence and
treaty relations with Portugal in the fifteenth and sixteenth centuries. The exchange of
ambassadors and written agreements demonstrates that African rulers were recognised
as sovereign actors capable of entering into binding international agreements. These
interactions challenge the notion that African societies lacked structured legal and
political systems prior to European contact.
In East Africa, city-states along the Swahili coast developed commercial networks
governed by customary maritime rules regulating navigation, trade obligations and
dispute settlement. These practices illustrate early forms of transnational commercial
law rooted in customary norms rather than codified European doctrines. Likewise,
conflict resolution mechanisms between African polities often relied on negotiated
settlements, tribute systems and arbitration processes, which mirror contemporary
principles of peaceful dispute resolution under international law (Dugard, 2019).
LCP4801 Assignment 2 Semester 1 2026 (Answer Guide)
VERIFIED AND CERTIFIED ANSWERS. WRITTEN IN REQUIRED FORMAT AND WITHIN
GIVEN GUIDELINES. IT IS GOOD TO USE AS A GUIDE AND FOR REFERENCE, NEVER
PLAGARIZE. Thank you and success in your academics.
UNISA, 2026
Contents
QUESTION 1 .............................................................................................................................................. 2
1.1 The Development of International Law and the Contribution of Pre-Colonial African
Entities .................................................................................................................................................... 2
1.2 A Critical Definition of the Concept “Sovereign Equality” ................................................. 4
QUESTION 2 .............................................................................................................................................. 5
2.1 Usus as a Requirement for the Development of Customary International Law ........... 5
2.2 Circumstances Under Which a Treaty Can Be Deemed Invalid ........................................ 6
LIST OF REFERENCES ........................................................................................................................... 7
, 2|Page
QUESTION 1
1.1 The Development of International Law and the Contribution of Pre-Colonial
African Entities
International law developed gradually over centuries as a system of rules governing
relations between political communities. Although often presented as a European
creation emerging from the Peace of Westphalia in 1648, contemporary scholarship
recognises that international law evolved through interactions among diverse
civilisations long before the formalisation of European statehood (Shaw, 2017). A critical
and historically grounded analysis demonstrates that non-European societies, including
pre-colonial African entities, contributed significantly to the normative practices that later
shaped modern international law.
The traditional Eurocentric narrative traces the origins of international law to early
modern Europe, particularly the works of scholars such as Hugo Grotius, who
articulated principles concerning sovereignty, war, treaties and maritime law in the
seventeenth century (Brownlie, 2008). The Peace of Westphalia is frequently regarded
as the foundation of the modern state system, institutionalising the principle of territorial
sovereignty and non-intervention. However, this account obscures earlier diplomatic
traditions and inter-polity relations that existed in Africa, Asia and the Middle East.
Pre-colonial African political entities engaged in complex systems of diplomacy, treaty-
making, trade regulation and conflict resolution long before European colonisation.
These practices reflected structured legal norms governing relations between kingdoms,
empires and communities. For example, the Mali Empire (c. 13th–16th centuries)
maintained diplomatic and trade relations across North Africa and the Mediterranean
world. Its rulers entered into agreements that regulated trade routes, taxation and the
protection of merchants. Such arrangements reflect principles similar to modern treaty
law and diplomatic immunity.
Similarly, the Kingdom of Kongo engaged in formal diplomatic correspondence and
treaty relations with Portugal in the fifteenth and sixteenth centuries. The exchange of
ambassadors and written agreements demonstrates that African rulers were recognised
as sovereign actors capable of entering into binding international agreements. These
interactions challenge the notion that African societies lacked structured legal and
political systems prior to European contact.
In East Africa, city-states along the Swahili coast developed commercial networks
governed by customary maritime rules regulating navigation, trade obligations and
dispute settlement. These practices illustrate early forms of transnational commercial
law rooted in customary norms rather than codified European doctrines. Likewise,
conflict resolution mechanisms between African polities often relied on negotiated
settlements, tribute systems and arbitration processes, which mirror contemporary
principles of peaceful dispute resolution under international law (Dugard, 2019).
