ASSIGNMENT 2 SEMESTER 1 2026
UNIQUE NO.
DUE DATE: 2026
, International Law - LCP4801
QUESTION 1
1.1 Development of international law and the contribution of pre-colonial African
entities
International law developed gradually from rules governing relations between political
communities. Early foundations can be traced to ancient civilizations such as
Mesopotamia, Egypt, Greece, Rome, India and China, where treaties, diplomatic
envoys and laws of war were practiced. During the medieval period, the law of nations
in Europe evolved through canon law, the writings of scholars such as Hugo Grotius,
and commercial practices like the lex mercatoria. The 1648 Peace of Westphalia is
often cited as marking the emergence of the modern state system based on territorial
sovereignty. In the nineteenth and twentieth centuries, international law expanded
through colonial encounters, arbitration practices, multilateral treaties, and institutions
such as the United Nations, which formalised norms on human rights, state
responsibility, and collective security.
Pre-colonial African polities contributed significantly to international legal practice,
although their role has historically been overlooked due to Eurocentric narratives.
African kingdoms and empires engaged in diplomacy, treaty-making, trade regulation,
and conflict resolution consistent with principles recognizable in modern international
law. For example, the Mali Empire maintained diplomatic relations and trade
agreements across the Sahara and with North Africa and the Middle East. The Kingdom
of Kongo entered into formal treaties and diplomatic exchanges with Portugal in the
fifteenth century, demonstrating recognition of sovereign authority and mutual
obligations. Similarly, the Ethiopian Empire conducted diplomatic missions and
concluded treaties with European powers while maintaining independence, reflecting
early recognition of sovereignty and legal personality. Many African societies also
practiced rules governing warfare, protection of envoys, and cross-border trade,
illustrating customary norms regulating inter-community relations. These practices