LCP4801
EXAM PACK
,INTERNATIONAL LAW - LCP4801
May/June 2025
EXAM ANSWERS
QUESTION ONE
Tabulate the differences between national and international law. [14]
Aspect National Law International Law
National law is created
International law arises mainly from
primarily by the constitution,
treaties, customary international law,
1. Source legislature, courts and other
general principles of law and other
authorised domestic
recognised international sources.
institutions.
It generally operates within It regulates relations between States
2. Area of
the territory and jurisdiction of and other recognised international
application
a particular State. actors at the international level.
A central governmental
3. Law-making There is no single world legislature with
authority, such as Parliament,
authority general authority over all States.
normally makes legislation.
Domestic law operates under International law is based largely on the
4. Sovereignty the sovereign authority of the sovereign equality and consent of
State. States.
Individuals, companies, States are the primary subjects,
organisations and although international organisations
5. Subjects government institutions are and, in certain circumstances,
commonly subjects of individuals and other entities also have
national law. international rights and obligations.
, Domestic authorities such as Enforcement is decentralised and may
6. police, courts and involve international courts, tribunals,
Enforcement administrative bodies enforce diplomatic measures, sanctions or other
national law. mechanisms.
National courts have
International courts generally depend on
compulsory jurisdiction over
7. Courts a recognised basis of jurisdiction, often
matters falling within their
including State consent.
domestic jurisdiction.
Conclusion: National law is primarily concerned with regulating conduct within a State
under a central governmental system, whereas international law governs relationships
and conduct at the international level without a single superior world government.
QUESTION TWO
2.1 Distinguish between the theories of State recognition in international law. [10]
Recognition concerns the acceptance by an existing State that a particular entity
possesses the characteristics required to be regarded as a State or that a particular
government is entitled to represent a State.
Two principal theories of recognition are the constitutive theory and the declaratory
theory.
1. Constitutive theory
According to the constitutive theory, an entity becomes a State in the international legal
system through recognition by existing States.
The theory therefore places considerable importance on the attitude of the international
community. Recognition is viewed as an essential element in conferring international
legal personality on the new entity.
, Under this approach, an entity may satisfy factual requirements associated with
statehood but still have difficulty exercising the full rights of a State internationally until it
has been recognised by other States.
2. Declaratory theory
The declaratory theory takes a different approach. It maintains that an entity becomes a
State when it satisfies the objective requirements for statehood. Recognition does not
create the State; instead, it acknowledges an existing legal and factual situation.
The most commonly referred criteria are those associated with the Montevideo
Convention, namely:
a permanent population;
a defined territory;
an effective government; and
capacity to enter into relations with other States.
Therefore, under the declaratory theory, recognition is evidence that other States accept
the entity as a State, but recognition itself is not what creates statehood.
Difference between the theories
The central difference is that the constitutive theory regards recognition as
necessary for international legal personality, whereas the declaratory theory
regards statehood as dependent primarily on satisfying objective legal criteria,
with recognition merely acknowledging that status.
In modern international law, the declaratory approach is generally more influential,
although recognition remains extremely important in determining whether an entity can
effectively participate in international relations.
2.2 Discuss the criteria of statehood. [30]
EXAM PACK
,INTERNATIONAL LAW - LCP4801
May/June 2025
EXAM ANSWERS
QUESTION ONE
Tabulate the differences between national and international law. [14]
Aspect National Law International Law
National law is created
International law arises mainly from
primarily by the constitution,
treaties, customary international law,
1. Source legislature, courts and other
general principles of law and other
authorised domestic
recognised international sources.
institutions.
It generally operates within It regulates relations between States
2. Area of
the territory and jurisdiction of and other recognised international
application
a particular State. actors at the international level.
A central governmental
3. Law-making There is no single world legislature with
authority, such as Parliament,
authority general authority over all States.
normally makes legislation.
Domestic law operates under International law is based largely on the
4. Sovereignty the sovereign authority of the sovereign equality and consent of
State. States.
Individuals, companies, States are the primary subjects,
organisations and although international organisations
5. Subjects government institutions are and, in certain circumstances,
commonly subjects of individuals and other entities also have
national law. international rights and obligations.
, Domestic authorities such as Enforcement is decentralised and may
6. police, courts and involve international courts, tribunals,
Enforcement administrative bodies enforce diplomatic measures, sanctions or other
national law. mechanisms.
National courts have
International courts generally depend on
compulsory jurisdiction over
7. Courts a recognised basis of jurisdiction, often
matters falling within their
including State consent.
domestic jurisdiction.
Conclusion: National law is primarily concerned with regulating conduct within a State
under a central governmental system, whereas international law governs relationships
and conduct at the international level without a single superior world government.
QUESTION TWO
2.1 Distinguish between the theories of State recognition in international law. [10]
Recognition concerns the acceptance by an existing State that a particular entity
possesses the characteristics required to be regarded as a State or that a particular
government is entitled to represent a State.
Two principal theories of recognition are the constitutive theory and the declaratory
theory.
1. Constitutive theory
According to the constitutive theory, an entity becomes a State in the international legal
system through recognition by existing States.
The theory therefore places considerable importance on the attitude of the international
community. Recognition is viewed as an essential element in conferring international
legal personality on the new entity.
, Under this approach, an entity may satisfy factual requirements associated with
statehood but still have difficulty exercising the full rights of a State internationally until it
has been recognised by other States.
2. Declaratory theory
The declaratory theory takes a different approach. It maintains that an entity becomes a
State when it satisfies the objective requirements for statehood. Recognition does not
create the State; instead, it acknowledges an existing legal and factual situation.
The most commonly referred criteria are those associated with the Montevideo
Convention, namely:
a permanent population;
a defined territory;
an effective government; and
capacity to enter into relations with other States.
Therefore, under the declaratory theory, recognition is evidence that other States accept
the entity as a State, but recognition itself is not what creates statehood.
Difference between the theories
The central difference is that the constitutive theory regards recognition as
necessary for international legal personality, whereas the declaratory theory
regards statehood as dependent primarily on satisfying objective legal criteria,
with recognition merely acknowledging that status.
In modern international law, the declaratory approach is generally more influential,
although recognition remains extremely important in determining whether an entity can
effectively participate in international relations.
2.2 Discuss the criteria of statehood. [30]
