LCP4801 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 - DUE September 2025

You are a junior legal researcher preparing a policy memo for a roundtable discussion on the decolonisation of international law. The panel chair has asked you to reflect on the role and relevance of the TWAIL movement. In your response, explain what the acronym TWAIL represents and describe the historical inequalities in global governance that gave rise to this movement. Your answer should explore how TWAIL challenges dominant Western-centric legal norms and institutions. Furthermore, identify and briefly explain key objectives that TWAIL scholars aim to achieve through this movement. Your response should demonstrate how TWAIL contributes to reshaping international legal discourse from the perspective of formerly colonised societies. The Foreign Affairs Department of Illinia has asked you to prepare an advisory report on legal developments in the Weland Federation. Weland’s northern region, Sufjan, declared independence in 2005, yet no country has formally recognised it. Explain which theory of statehood this lack of recognition supports, and describe the essential features of this theory. Compare this theory with an alternative theory of statehood that does not rely on external recognition. In your comparison, refer to scholarly views on the legal and political consequences of applying each theory, especially in contested secessionist contexts. In addition, comment on how the limited control exercised by Weland’s central government over its territory impacts the state’s ability to exercise prescriptive, enforcement, and adjudicative jurisdiction. Clarify the distinction between these three competences and support your discussion with relevant case law. Following a conference on decolonising international law, your line manager, a senior legal advisor, informs you that the TWAIL movement enjoyed a great deal of attention. He asks you to provide responses to the following questions, which will form part of his report. What does the acronym TWAIL stand for? What informed the development of the TWAIL movement? What are the objectives of TWAIL? The Republic of Illinia (Illinia) is a large, landlocked African country. The Weland Federation (Weland) is a coastal State neighbouring Illinia. Illinia and Weland are both members of the African Union and the United Nations. Weland has a long history of internal conflict and the Welandian Government asserts little control beyond the capital. Weland is comprised of a number of semi-autonomous regions which do not have capacity under Weland’s Constitution to conclude international agreements. Weland’s largest region is Sufjan in the north which has a distinct history, culture and language from the rest of Weland and which declared its independence in 2005. No State recognizes Sufjan’s independence. What theory of Statehood does the non-recognition of Sufjan speak to and how? Contrast the theory discussed above with that of an alternative theory of Statehood. Your answer must make reference to submissions made by scholars on the application of the theory. Following a conference on decolonising international law, your line manager, a senior legal advisor, informs you that the TWAIL movement enjoyed a great deal of attention. He asks you to provide responses to the following questions, which will form part of his report: What does the acronym TWAIL stand for? (4) What informed the development of the TWAIL movement? (5) What are the objectives of TWAIL? (6) [Total: 15 marks] The Republic of Illinia (Illinia) is a large, landlocked African country. The Weland Federation (Weland) is a coastal State neighbouring Illinia. Illinia and Weland are both members of the African Union and the United Nations. Weland has a long history of internal conflict and the Welandian Government asserts little control beyond the capital. Weland is comprised of a number of semi-autonomous regions which do not have capacity under Weland’s Constitution to conclude international agreements. Weland’s largest region is Sufjan in the north, which has a distinct history, culture, and language from the rest of Weland and which declared its independence in 2005. No State recognizes Sufjan’s independence. What theory of Statehood does the non-recognition of Sufjan speak to and how? (4) Contrast the theory discussed above with that of an alternative theory of Statehood. Your answer must make reference to submissions made by scholars on the application of the theory. (6) The statement ‘Welandian Government asserts little control beyond the capital’ implies that Weland enjoys three distinct competences. What are these competences and what is the difference between them? Your answer must make reference to the appropriate case law. The statement ‘Welandian Government asserts little control beyond the capital’ implies that Weland enjoys three distinct competences. What are these competences and what is the difference between them? Your answer must make reference to the appropriate case law. You are a junior legal researcher preparing a policy memo for a roundtable discussion on the decolonisation of international law. The panel chair has asked you to reflect on the role and relevance of the TWAIL movement. In your response, explain what the acronym TWAIL represents and describe the historical inequalities in global governance that gave rise to this movement. Your answer should explore how TWAIL challenges dominant Western-centric legal norms and institutions. Furthermore, identify and briefly explain key objectives that TWAIL scholars aim to achieve through this movement. Your response should demonstrate how TWAIL contributes to reshaping international legal discourse from the perspective of formerly colonised societies. The Foreign Affairs Department of Illinia has asked you to prepare an advisory report on legal developments in the Weland Federation. Weland’s northern region, Sufjan, declared independence in 2005, yet no country has formally recognised it. Explain which theory of statehood this lack of recognition supports, and describe the essential features of this theory. Compare this theory with an alternative theory of statehood that does not rely on external recognition. In your comparison, refer to scholarly views on the legal and political consequences of applying each theory, especially in contested secessionist contexts. In addition, comment on how the limited control exercised by Weland’s central government over its territory impacts the state’s ability to exercise prescriptive, enforcement, and adjudicative jurisdiction. Clarify the distinction between these three competences and support your discussion with relevant case law. Critically analyse whether South Africa has a legal obligation—under both domestic constitutional principles and international law—to offer diplomatic protection to its citizens who suffer harm or injury abroad due to the actions or omissions of a foreign state. Your answer should include a discussion of relevant South African case law, international treaties, and the discretionary nature of diplomatic protection. In your evaluation, consider whether such protection is enforceable as a right and what limits, if any, are placed on the government’s exercise of this function. On 11 January 2023, a foreign national suspected of orchestrating multiple bombings in the territory of the Republic of Lorbia was killed by Lorbian security agents during a covert military operation conducted without the consent of the host state, the Republic of Tenava. The target was found unarmed in a private residence and had not engaged in any hostile act at the time of the operation. Lorbia claims the operation was a lawful act of self-defence under international law. Using this scenario, provide a legal analysis of the permissibility of Lorbia’s actions under international law. Begin by explaining the general prohibition on the use of force between states. Discuss any possible exceptions to this rule, including self-defence and the doctrine of pre-emptive or anticipatory action. Assess whether Lorbia’s conduct fits within any of these recognised exceptions and consider the role of necessity and proportionality. Finally, examine the possible legal consequences for Tenava and whether it may assert a valid claim for breach of its sovereignty. Write short, critical explanatory essays on any four of the following topics. Your responses should demonstrate knowledge of relevant legal principles and be supported by case law or international instruments where applicable. Describe the two core requirements—state practice and opinio juris—for the formation of customary international law. Illustrate your explanation with practical examples of customary norms recognised by international courts. Explain how South African courts determine whether a treaty is directly enforceable under domestic law. In your discussion, refer to section 231(4) of the Constitution and highlight the distinction between self-executing and non-self-executing treaties, using relevant case law. Discuss the legal differences between personal immunity and functional immunity in international law. In your answer, explain when each form of immunity applies, who may benefit from them, and how recent developments in international criminal justice have affected these doctrines. Compare and contrast the constitutive and declaratory theories of statehood. Discuss which theory better reflects the reality of international recognition of new states, providing examples such as Palestine, Taiwan, or Kosovo. Outline the foundational principles and critiques advanced by the Third World Approaches to International Law (TWAIL). Explain how this school of thought challenges traditional notions of sovereignty, intervention, and development in the global South.