International Law LCP4801
Nqobile Mkencele
Student number: 68565828
Assignment 2
Second semester
Question 1
1.1 Jus Cogens challenges the idea that the consent of states is the cornerstone of
international law. Jus cogens norms represent the situation where a state may not
necessarily agree with a certain rule, but by which it is nevertheless bound.
1.2 1. Prohibition of aggression
2. Prohibition of slavery
3. Right to self determination
4. Prohibition of genocide
5. Prohibition of torture
Question 2
2.1 The league of nations lasted 26 years after the World War I and in 1945 it was replaced
by the United Nations because it failed to prevent future wars like World War II.
2.2 1. Security Council
2. General Assembly
3. Economic and Social Council
4. Trusteeship Council
5. International Court of Justice
6. United Nations Secretariat
Question 3
The Third World Approaches to International Law is a response to decolonization and the end
of direct European colonial rule over non-Europeans.1 The fundamental characteristic of the
Third World Approaches to International Law scholarship and political action is to seek
through scholarship, policy, and politics to eradicate the conditions of underdevelopment in
the Third World.2 The scholarship in this genre has made enormous contributions to the
1
What is TWAIL? Page 31.
2
What is TWAIL? Page 31.
, struggle to unravel the cruelties that have and are being inflicted on the Third World by the
West.3
TWAIL describes a set of geographic, oppositional, and political realities that distinguish it
from the west. After World War II the United Nations was formed to maintain peace and
prevent wars from happening in the future. Many people can agree that it has failed to do
that and they can agree that it has kept underdeveloped countries in the same place for
centuries when it comes to International Law. TWAIL is the expression of this confrontation
in the discipline, theory, and practice of international law.4 It is a political practice are replete
with internal contradictions, incoherence and disagreements of content, strategy, and
tactics.5
After the west has enslaved and defeated the underdeveloped countries after the war, they
kept their gold. Black people worked for white man and they were made to believe that they
are inferior and less capable of doing anything. The west has no mineral resources but it still
is a well developed because of the gold it has kept after the wars. TWAIL opposes the global
hegemony of the west, which the United Nations legitimizes through the cloak of
universality.6 The complicity of Third World states in the international legal and economic
order with a view to silencing the powerless. TWAIL does not believe that free market, private
property, or trade values are superior to or automatically trump, other human values.7
After the west has won the war, they forced religion into the underdeveloped countries so
that they can believe in something that is not there and that no one knows where it comes
from. The oppressors forced religion into black people so that they act in good faith all the
time and forget about slavery, and not retaliate. Powerful economic and military interests are
able to force their views on the rest of the world and freeze them as eternal inflexible truths,
much in the same way Christianity was forced on black people in Africa.
TWAIL believes that forming coalitions with like minded movements in all societies, including
in the West, is an essential strategy for combating powerlessness and the victimization of the
Third World and marginalized communities in the West.8 White supremacist hierarchies
dominate both the national and international legal orders.
In conclusion, the fundamental characteristics of the Third World Approaches to international
law scholarship and political action is to expose the complicity of Third World states in the
international legal and economic order with a view to silencing the voices of the powerless.
TWAIL seeks to level the playing ground when it comes to international law scholarship and
political action. The west set the rules and they expect the underdeveloped or powerless to
3
What is TWAIL? Page 32.
4
What is TWAIL? Page 36.
5
What is TWAIL? Page 36.
6
What is TWAIL? Page 37.
7
What is TWAIL? Page 37.
8
What is TWAIL? Page 38.
Nqobile Mkencele
Student number: 68565828
Assignment 2
Second semester
Question 1
1.1 Jus Cogens challenges the idea that the consent of states is the cornerstone of
international law. Jus cogens norms represent the situation where a state may not
necessarily agree with a certain rule, but by which it is nevertheless bound.
1.2 1. Prohibition of aggression
2. Prohibition of slavery
3. Right to self determination
4. Prohibition of genocide
5. Prohibition of torture
Question 2
2.1 The league of nations lasted 26 years after the World War I and in 1945 it was replaced
by the United Nations because it failed to prevent future wars like World War II.
2.2 1. Security Council
2. General Assembly
3. Economic and Social Council
4. Trusteeship Council
5. International Court of Justice
6. United Nations Secretariat
Question 3
The Third World Approaches to International Law is a response to decolonization and the end
of direct European colonial rule over non-Europeans.1 The fundamental characteristic of the
Third World Approaches to International Law scholarship and political action is to seek
through scholarship, policy, and politics to eradicate the conditions of underdevelopment in
the Third World.2 The scholarship in this genre has made enormous contributions to the
1
What is TWAIL? Page 31.
2
What is TWAIL? Page 31.
, struggle to unravel the cruelties that have and are being inflicted on the Third World by the
West.3
TWAIL describes a set of geographic, oppositional, and political realities that distinguish it
from the west. After World War II the United Nations was formed to maintain peace and
prevent wars from happening in the future. Many people can agree that it has failed to do
that and they can agree that it has kept underdeveloped countries in the same place for
centuries when it comes to International Law. TWAIL is the expression of this confrontation
in the discipline, theory, and practice of international law.4 It is a political practice are replete
with internal contradictions, incoherence and disagreements of content, strategy, and
tactics.5
After the west has enslaved and defeated the underdeveloped countries after the war, they
kept their gold. Black people worked for white man and they were made to believe that they
are inferior and less capable of doing anything. The west has no mineral resources but it still
is a well developed because of the gold it has kept after the wars. TWAIL opposes the global
hegemony of the west, which the United Nations legitimizes through the cloak of
universality.6 The complicity of Third World states in the international legal and economic
order with a view to silencing the powerless. TWAIL does not believe that free market, private
property, or trade values are superior to or automatically trump, other human values.7
After the west has won the war, they forced religion into the underdeveloped countries so
that they can believe in something that is not there and that no one knows where it comes
from. The oppressors forced religion into black people so that they act in good faith all the
time and forget about slavery, and not retaliate. Powerful economic and military interests are
able to force their views on the rest of the world and freeze them as eternal inflexible truths,
much in the same way Christianity was forced on black people in Africa.
TWAIL believes that forming coalitions with like minded movements in all societies, including
in the West, is an essential strategy for combating powerlessness and the victimization of the
Third World and marginalized communities in the West.8 White supremacist hierarchies
dominate both the national and international legal orders.
In conclusion, the fundamental characteristics of the Third World Approaches to international
law scholarship and political action is to expose the complicity of Third World states in the
international legal and economic order with a view to silencing the voices of the powerless.
TWAIL seeks to level the playing ground when it comes to international law scholarship and
political action. The west set the rules and they expect the underdeveloped or powerless to
3
What is TWAIL? Page 32.
4
What is TWAIL? Page 36.
5
What is TWAIL? Page 36.
6
What is TWAIL? Page 37.
7
What is TWAIL? Page 37.
8
What is TWAIL? Page 38.
