LCP4801
Assignment 2 Semester 1 2026
Unique number:
Due date: 2026
QUESTION 1
1.1. (2 DIFFERENT ANSWERS PROVIDED)
International law developed gradually as a system regulating relations between political
communities. Although it is often described as law between states, its historical evolution
reveals a more complex process influenced by political change, economic expansion,
warfare, diplomacy and intellectual scholarship. Modern international law is usually traced
to developments in Europe between the sixteenth and seventeenth centuries, particularly
the Peace of Westphalia of 1648, which affirmed the sovereignty and equality of states.1
However, this narrative is incomplete if it ignores contributions from pre-colonial African
entities whose diplomatic practices and normative systems shaped early forms of inter-
state relations.
The period from 1500 to 1648 marked a decisive transformation in Europe. The decline of
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen
as a replacement for individual research, critical analysis, or professional consultation. Students are encouraged
to perform their own research and seek advice from their instructors or academic advisors for specific
assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the
information in these study notes, the seller does not guarantee the completeness or correctness of all content.
The buyer is responsible for verifying the accuracy of the information and exercising their own judgment when
applying it to their assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's
policies regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and
sources of inspiration. Any direct reproduction of the content without proper citation and acknowledgment may
be considered academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences
arising from the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or
any other negative consequences resulting from the application or misuse of the information provided.
,QUESTION 1
1.1. (2 DIFFERENT ANSWERS PROVIDED)
International law developed gradually as a system regulating relations between
political communities. Although it is often described as law between states, its
historical evolution reveals a more complex process influenced by political change,
economic expansion, warfare, diplomacy and intellectual scholarship. Modern
international law is usually traced to developments in Europe between the sixteenth
and seventeenth centuries, particularly the Peace of Westphalia of 1648, which
affirmed the sovereignty and equality of states.1 However, this narrative is
incomplete if it ignores contributions from pre-colonial African entities whose
diplomatic practices and normative systems shaped early forms of inter-state
relations.
The period from 1500 to 1648 marked a decisive transformation in Europe. The
decline of universal medieval authority under the Papacy and the Holy Roman
Empire created space for independent territorial states to assert sovereign control
within defined boundaries.2 The Peace of Westphalia institutionalised the principle
that states possess exclusive authority within their territories and interact on the
basis of sovereign equality.3 This model became foundational for modern
international law and remains reflected in the United Nations Charter.4
European expansion through colonialism further influenced the development of
international legal doctrine. Spain and Portugal expanded into Africa, Asia and the
Americas, creating new legal questions regarding territorial acquisition, sovereignty
and trade.5 Thinkers such as Hugo Grotius contributed significantly by systematising
principles governing war, peace and maritime freedom.6 Grotius‟ articulation of
freedom of the seas and just war doctrine became pillars of early international legal
1
H Strydom (ed), International Law (2nd edn, Oxford University Press 2020) 8–10.
2
ibid 6–8.
3
ibid 8–10.
4
ibid; UN Charter art 2(1).
5
Strydom (n 1) 12–18.
6
ibid 20–22
,thought.7 Ehrlich explains that during this period international law began to emerge
as a distinct scientific discipline, shaped by intellectual reflection on state practice.8
However, the conventional Eurocentric account marginalises the diplomatic and legal
practices of pre-colonial African kingdoms. Smith demonstrates that African political
entities were not passive recipients of European norms but active participants in
structured diplomatic engagement.9 Long before formal colonial rule, African
kingdoms such as Mali, Benin and Kongo engaged in diplomatic exchanges with
European and Arab powers.10 For example, Mansa Musa of Mali maintained
relations with North African and Arabian kingdoms, while the Oba of Benin sent
diplomatic envoys to Lisbon in 1514.11 These interactions were regulated by
established customary principles recognised by both parties.
Pre-colonial African entities employed systems of treaty-making, oath-taking and
diplomatic negotiation that closely resemble recognised sources of international law
today. Smith notes that unwritten contracts were protected through solemn oaths
and symbolic rituals, reflecting binding commitments between political
communities.12 These practices satisfy the requirements of customary international
law under article 38(1)(b) of the Statute of the International Court of Justice, namely
general practice and acceptance as law.13 African diplomatic customs therefore
contributed substantively to the normative development of international relations.
The Berlin Conference of 1884–1885 represents a turning point in the
marginalisation of African contributions.14 European powers justified territorial
acquisition through the doctrine of terra nullius, arguing that African territories lacked
sovereign status because they did not conform to European models of statehood.
This legal fiction ignored the existence of organised political systems and diplomatic
capacity among African communities. The International Court of Justice later
rejected such reasoning in the Western Sahara Advisory Opinion, confirming that
7
ibid.
8
L Ehrlich, „The Development of International Law as a Science‟ (1962) 105 Recueil des Cours 173,
190–210.
9
Smith, „Peace and Palaver: International Relations in Pre-colonial West Africa‟ 599–621.
10
ibid 600–605.
11
ibid.
12
ibid 600.
13
Statute of the International Court of Justice art 38(1)(b).
14
Strydom (n 1) 35–38.
, inhabited territories with political organisation cannot be regarded as terra nullius.15
This judgment indirectly validates the historical legal personality of African entities.
The nineteenth and twentieth centuries further expanded international law beyond
state sovereignty. The Congress of Vienna introduced concert diplomacy and
collective security mechanisms. The League of Nations institutionalised international
cooperation and dispute resolution, while the United Nations consolidated sovereign
equality, prohibition of force and human rights norms. The atrocities of the World
Wars transformed individuals into quasi-subjects of international law through human
rights and international criminal accountability.16
Throughout these developments, the intellectual flow of international law evolved in
response to global change. Ehrlich emphasises that international law developed as a
science through interaction between theory and practice, reflecting ideological shifts
across historical periods.17 The transformation from a Eurocentric system to a
universal legal order required recognition of previously excluded societies.
Decolonisation and the expansion of United Nations membership in the twentieth
century restored legal equality to African states that had long been subordinated
within colonial structures.18
Therefore, international law developed through centuries of political transformation,
intellectual scholarship and diplomatic practice. While the Westphalian model
formalised sovereign equality, pre-colonial African entities had already engaged in
structured diplomatic relations governed by customary norms. The marginalisation of
these contributions during colonialism does not diminish their historical significance.
Modern international law, particularly its recognition of sovereign equality and
customary practice, reflects a synthesis of European intellectual tradition and
broader global interactions, including those of African political communities.
OR
15
Western Sahara Advisory Opinion [1975] ICJ Rep 12.
16
Strydom (n 1) 32–34.
17
Ehrlich (n 8) 200–230.
18
Strydom (n 1) 47–48.
Assignment 2 Semester 1 2026
Unique number:
Due date: 2026
QUESTION 1
1.1. (2 DIFFERENT ANSWERS PROVIDED)
International law developed gradually as a system regulating relations between political
communities. Although it is often described as law between states, its historical evolution
reveals a more complex process influenced by political change, economic expansion,
warfare, diplomacy and intellectual scholarship. Modern international law is usually traced
to developments in Europe between the sixteenth and seventeenth centuries, particularly
the Peace of Westphalia of 1648, which affirmed the sovereignty and equality of states.1
However, this narrative is incomplete if it ignores contributions from pre-colonial African
entities whose diplomatic practices and normative systems shaped early forms of inter-
state relations.
The period from 1500 to 1648 marked a decisive transformation in Europe. The decline of
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen
as a replacement for individual research, critical analysis, or professional consultation. Students are encouraged
to perform their own research and seek advice from their instructors or academic advisors for specific
assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the
information in these study notes, the seller does not guarantee the completeness or correctness of all content.
The buyer is responsible for verifying the accuracy of the information and exercising their own judgment when
applying it to their assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's
policies regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and
sources of inspiration. Any direct reproduction of the content without proper citation and acknowledgment may
be considered academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences
arising from the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or
any other negative consequences resulting from the application or misuse of the information provided.
,QUESTION 1
1.1. (2 DIFFERENT ANSWERS PROVIDED)
International law developed gradually as a system regulating relations between
political communities. Although it is often described as law between states, its
historical evolution reveals a more complex process influenced by political change,
economic expansion, warfare, diplomacy and intellectual scholarship. Modern
international law is usually traced to developments in Europe between the sixteenth
and seventeenth centuries, particularly the Peace of Westphalia of 1648, which
affirmed the sovereignty and equality of states.1 However, this narrative is
incomplete if it ignores contributions from pre-colonial African entities whose
diplomatic practices and normative systems shaped early forms of inter-state
relations.
The period from 1500 to 1648 marked a decisive transformation in Europe. The
decline of universal medieval authority under the Papacy and the Holy Roman
Empire created space for independent territorial states to assert sovereign control
within defined boundaries.2 The Peace of Westphalia institutionalised the principle
that states possess exclusive authority within their territories and interact on the
basis of sovereign equality.3 This model became foundational for modern
international law and remains reflected in the United Nations Charter.4
European expansion through colonialism further influenced the development of
international legal doctrine. Spain and Portugal expanded into Africa, Asia and the
Americas, creating new legal questions regarding territorial acquisition, sovereignty
and trade.5 Thinkers such as Hugo Grotius contributed significantly by systematising
principles governing war, peace and maritime freedom.6 Grotius‟ articulation of
freedom of the seas and just war doctrine became pillars of early international legal
1
H Strydom (ed), International Law (2nd edn, Oxford University Press 2020) 8–10.
2
ibid 6–8.
3
ibid 8–10.
4
ibid; UN Charter art 2(1).
5
Strydom (n 1) 12–18.
6
ibid 20–22
,thought.7 Ehrlich explains that during this period international law began to emerge
as a distinct scientific discipline, shaped by intellectual reflection on state practice.8
However, the conventional Eurocentric account marginalises the diplomatic and legal
practices of pre-colonial African kingdoms. Smith demonstrates that African political
entities were not passive recipients of European norms but active participants in
structured diplomatic engagement.9 Long before formal colonial rule, African
kingdoms such as Mali, Benin and Kongo engaged in diplomatic exchanges with
European and Arab powers.10 For example, Mansa Musa of Mali maintained
relations with North African and Arabian kingdoms, while the Oba of Benin sent
diplomatic envoys to Lisbon in 1514.11 These interactions were regulated by
established customary principles recognised by both parties.
Pre-colonial African entities employed systems of treaty-making, oath-taking and
diplomatic negotiation that closely resemble recognised sources of international law
today. Smith notes that unwritten contracts were protected through solemn oaths
and symbolic rituals, reflecting binding commitments between political
communities.12 These practices satisfy the requirements of customary international
law under article 38(1)(b) of the Statute of the International Court of Justice, namely
general practice and acceptance as law.13 African diplomatic customs therefore
contributed substantively to the normative development of international relations.
The Berlin Conference of 1884–1885 represents a turning point in the
marginalisation of African contributions.14 European powers justified territorial
acquisition through the doctrine of terra nullius, arguing that African territories lacked
sovereign status because they did not conform to European models of statehood.
This legal fiction ignored the existence of organised political systems and diplomatic
capacity among African communities. The International Court of Justice later
rejected such reasoning in the Western Sahara Advisory Opinion, confirming that
7
ibid.
8
L Ehrlich, „The Development of International Law as a Science‟ (1962) 105 Recueil des Cours 173,
190–210.
9
Smith, „Peace and Palaver: International Relations in Pre-colonial West Africa‟ 599–621.
10
ibid 600–605.
11
ibid.
12
ibid 600.
13
Statute of the International Court of Justice art 38(1)(b).
14
Strydom (n 1) 35–38.
, inhabited territories with political organisation cannot be regarded as terra nullius.15
This judgment indirectly validates the historical legal personality of African entities.
The nineteenth and twentieth centuries further expanded international law beyond
state sovereignty. The Congress of Vienna introduced concert diplomacy and
collective security mechanisms. The League of Nations institutionalised international
cooperation and dispute resolution, while the United Nations consolidated sovereign
equality, prohibition of force and human rights norms. The atrocities of the World
Wars transformed individuals into quasi-subjects of international law through human
rights and international criminal accountability.16
Throughout these developments, the intellectual flow of international law evolved in
response to global change. Ehrlich emphasises that international law developed as a
science through interaction between theory and practice, reflecting ideological shifts
across historical periods.17 The transformation from a Eurocentric system to a
universal legal order required recognition of previously excluded societies.
Decolonisation and the expansion of United Nations membership in the twentieth
century restored legal equality to African states that had long been subordinated
within colonial structures.18
Therefore, international law developed through centuries of political transformation,
intellectual scholarship and diplomatic practice. While the Westphalian model
formalised sovereign equality, pre-colonial African entities had already engaged in
structured diplomatic relations governed by customary norms. The marginalisation of
these contributions during colonialism does not diminish their historical significance.
Modern international law, particularly its recognition of sovereign equality and
customary practice, reflects a synthesis of European intellectual tradition and
broader global interactions, including those of African political communities.
OR
15
Western Sahara Advisory Opinion [1975] ICJ Rep 12.
16
Strydom (n 1) 32–34.
17
Ehrlich (n 8) 200–230.
18
Strydom (n 1) 47–48.
