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LCP4801 Assignment 2 (DETAILED ANSWERS Semester 1 2026 - DISTINCTION GUARANTEED

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LCP4801 Assignment 2 (DETAILED ANSWERS Semester 1 2026 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references.. QUESTION 1 1.1 Describe the development of international law and the contribution of pre-colonial African entities to such development. Refer to relevant sources. (15) 1.2 Provide a critical definition of the concept “sovereign equality”. QUESTION 2 (10) 2.1 Discuss usus as one of the two requirements that must be present for a rule of customary international law to develop. (10) 2.2 With reference to relevant authority and examples, discuss the circumstances under which a treaty can be deemed invalid. (15) [50] QUESTION 1 1.1 Describe the development of international law and the contribution of pre-colonial African entities to such development. Refer to relevant sources. (15) 1.2 Provide a critical definition of the concept “sovereign equality”. QUESTION 2 (10) 2.1 Discuss usus as one of the two requirements that must be present for a rule of customary international law to develop. (10) 2.2 With reference to relevant authority and examples, discuss the circumstances under which a treaty can be deemed invalid. (15) [50]

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LCP4801
Assignment 1 Semester 1 2026
Unique number:
Due Date: 2026

Detailed solutions, explanations, workings
and references.


+27 81 278 3372

, QUESTION 1

1.1. (2 DIFFERENT ANSWERS PROVIDED)

International law developed as a set of rules and principles that regulate relations
between political communities across borders, especially between states. In its
modern form, it is often described as “law between states”, meaning it governs how
states interact externally through diplomacy, trade, war and peace, and cooperation
in international organisations.1 This state-centred framing became dominant in
Europe from the early modern period and was strengthened by the emergence of the
sovereign state as the central unit of world politics.2 At the same time, this narrative
can be misleading if it suggests that international law began only in Europe, because
organised African polities engaged in cross-border diplomacy, trade, treaty-like
arrangements and customary practices long before the modern European state
system was consolidated.3

Modern international law is commonly traced to the period between 1500 and 1648.
During this era, European expansion, maritime trade and religious conflict created a
need for rules governing war, diplomacy and territorial acquisition. The Peace of
Westphalia of 1648 marked a decisive turning point by entrenching the principle of
state sovereignty and sovereign equality. The Westphalian model established an
international order composed of independent states exercising authority within
defined territories and coordinating their relations on the basis of equality and non-
interference.4 These principles remain foundational in contemporary international law
and are reflected in the United Nations Charter.

The intellectual foundations of international law were laid by early European jurists
such as Hugo Grotius, who articulated principles governing war and peace and
advanced the doctrine of freedom of the seas. However, as Ehrlich explains,
international law developed not merely as a collection of rules but as a science
shaped by intellectual trends and political realities.5 It evolved in response to


1
H Strydom (ed), International Law (2nd edn, Oxford University Press 2020) 8–10.
2
Ibid.
3
Smith, ‘Peace and Palaver: International Relations in Pre-colonial West Africa’ 599–621.
4
H Strydom (ed), International Law (2nd edn, Oxford University Press 2020) 8–10.
5
L Ehrlich, ‘The Development of International Law as a Science’ (1962) 105 Recueil des Cours 173, 176–180.


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