1
UNIVERSITY EXAMINATIONS
October/November 2020
LCP4801
International Law
100 Marks
Duration 24 Hours
INSTRUCTIONS FOR A PORTFOLIO WITH ASSESSMENT INFO TOOL ON MYUNISA
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING THE
EXAMINATION QUESTIONS.
This paper consists of 6 pages.
1. The examination question paper counts 100 marks.
2. It consists of 4 number of questions. Answer ALL of the questions.
3. The duration of the examination is 24 hours. Your portfolio must be submitted via myUnisa
on 14 November on or before 1400hrs (Central African Time).
4. This a closed book examination. While the examination is in progress, you are not allowed
to consult another person or any source in order to assist you to answer any of the questions
contained in this question paper. While the examination is in progress, you may not assist
another student in answering any of the questions contained in this question paper.
OR
This is an open-book examination. You may consult your prescribed study material during
the examination.
5. Your answer to this portfolio examination must be submitted online on myUnisa.
5.1 Access myUnisa at https://my.unisa.ac.za/portal and login using your student number and
myUnisa password.
5.2 Click on the “myAdmin” tab in the top navigation.
5.3 In the “Assessments” submenu, click on the “Assessment Info” tool in the drop-down list
A list of all available assessments will display
Locate the section for UNISA summative assessments at the bottom of the list
Find the corresponding portfolio number for your module
Click on the Submit link in the Action column and follow the steps described below.
, 2
Step 1: Load the answer file from your PC to myUnisa
Click on the Browse button next to File Name
In the Choose File dialog box, select the file you want to upload, and then click OK
Select the correct file format from the File Format drop-down list. Most modules only allow
PDF formatted files to be uploaded.
Click on the Continue button.
Step 2: Verify the file details for final submission of your answer file
Use this step to verify that you are uploading the correct answer file to the correct course and
assessment number.
Click on the Continue button to submit your answer file. If you do not click Continue, no
submission action will take place.
Large files will take longer to upload than smaller files. Please be patient after you’ve
clicked Continue.
If the wrong details, e.g. file name, appear on the screen, click Back to restart the file
upload process.
Step 3: Assessment submission report
This is your proof that your take-home answer file was submitted. It is advisable to print
this page or make a screen capture for record purposes. A copy of this page will also be
emailed to your myLife email account.
6. The cover page to your portfolio must include your name, student number and the module
code.
7. It is preferred that your portfolio is typed, however, handwritten submissions will also be
accepted. If the portfolio is typed, the maximum length is 5 pages per question (which excludes
the cover page and the bibliography).
8. Whether your answers are typed or handwritten, your submission on myUnisa must be made
in the form of one PDF document.
9. If your answers are typed, ensure that the following requirements are adhered to. Items 9.3-
9.6 applies to written assignments as well.
9.1 The text must be typed in Arial font, size 12 with single line spacing within the paragraph, and
double line spacing after the paragraph.
9.2 The text must be justified.
9.3 All of the pages must be numbered in the bottom right hand corner of the page.
9.4 All margins must be 2 cm (not inches).
9.5 South African English and not American English should be used. For example, the correct
spelling is “Labour” and not “Labor”.
9.6 Do not use abbreviations or SMS language. You will be penalised.
, 3
10. When answering the portfolio questions, remember that an open-book exam is a test at a
higher level than the usual type of exam, where memory is tested as much as insight. In an
open-book exam, you need not memorise any information. You are expected to prove that
you can use information, rather than merely repeat it. In brief, what is being tested is factual
knowledge, understanding and the correct application thereof, not memory skills. For this
reason, you do not earn marks by merely detailing a list of all the information that you think
might be relevant to a particular question. This gives no indication that you know what statutory
or other provisions are applicable in a specific context. You are expected to identify precisely
what information applies, and then explain why you think so. Also, because you have the guide
available when answering questions, we do not give marks for direct quotations from the
guide. You are therefore assessed on your level of understanding of the legal principles by
looking at how well you applied the principles to the questions. PLEASE DO NOT CUT AND
PASTE ANSWERS FROM THE STUDY GUIDE (OR ANY OTHER SOURCE).
11. The arguments that you make must be logical, well-structured and substantiated by all of the
relevant legal principles. You are given 24 hours (not 2 hours) to complete the portfolio. Use
the time given wisely.
11.1 Ensure that you give reasons for each answer. Substantiate your answers by referring to ALL
of the relevant authorities, e.g. sections from relevant legislation and/or court cases. Use
footnotes and a bibliography.
11.2 You are required to have read and summarise the prescribed cases yourself. The summaries
in the Study Guide are not sufficient for this exam. When using case law to support your
answer, please include complete references to the relevant cases in your footnotes. This
means that you must not only include the name of the case but also the exact page and section
and/or paragraph where the information can be found. The same applies to articles and books
used.
11.3 A number of students lose marks because they do not approach problem-type questions
correctly. When answering such questions, it is important to first clarify for yourself the area of
work where the answer must be sought. Once you have done this, set out the relevant legal
principles. Deal only with those principles that relate to the given facts. Next, apply these
principles to the facts. This is where most of the students lose marks - they set out the law in
some detail, but then do not illustrate how it applies to the factual situation they have been
asked to solve. Finally, state your conclusion.
PLEASE NOTE:
If you experience technical problems, of any kind, on the day of the examination and your
examination answers are not submitted by the cut-off time, you will be marked as absent
and automatically deferred to the May/June 2021 examination. No other type of
submission of your examination answers will be accepted.
, 4
QUESTION 1
Yolanda Spies in 'Africa and the idea of international society' published in the Journal of
Contemporary History 41:1 (2016), 38 – 56, states the following: ‘Africa has a rightful claim to
being the birthplace of the key institution of the international society, diplomacy’. The same
argument can be raised in respect of international law in general.
Critically discuss the veracity or otherwise of this statement, in light of Malcolm M Shaw’s
assertions that ‘The foundations of international law as it is understood today lie firmly in the
development of Western culture and political organization, and that other territories such as
Africa only received it by way of colonization and Christianization’. In your response, and relying
on legal and other authority, clearly demonstrate key pre-colonial African contributions to the
history and development of international law.
[25]
QUESTION 2
The state of Somaliland, whose capital is Hargesia, was once colonized and merged with
Somalia, whose capital is Mogadishu to form one entity. Following years of misrule and civil
wars, Somalia Hargesia declared its own independence and broke away from Somalia
Mogadishu to form the entity known as Somaliland. Today it stands as a self-declared
independent ‘country’. Somaliland has a population (comprising mainly of Somalis); has a port
through which it trades with other states, and it also hosts an American military base near one
of its coastal areas. Somaliland also holds regular elections, has a constitution, a supreme
court, and a president. Collectively, these institutions are referred to by international agencies
as ‘the Somaliland Administration’. Political parties are free to operate and contest elections.
The Somaliland administration also issues passports to its citizens. Somaliland applies strict
Sharia law, which stands above the constitution. Despite all the foregoing, no state recognizes
Somaliland as a state.
Relying on authority, write an essay in which you critically discuss the status of Somaliland and
its claims to be a ‘state’.
[25]
UNIVERSITY EXAMINATIONS
October/November 2020
LCP4801
International Law
100 Marks
Duration 24 Hours
INSTRUCTIONS FOR A PORTFOLIO WITH ASSESSMENT INFO TOOL ON MYUNISA
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING THE
EXAMINATION QUESTIONS.
This paper consists of 6 pages.
1. The examination question paper counts 100 marks.
2. It consists of 4 number of questions. Answer ALL of the questions.
3. The duration of the examination is 24 hours. Your portfolio must be submitted via myUnisa
on 14 November on or before 1400hrs (Central African Time).
4. This a closed book examination. While the examination is in progress, you are not allowed
to consult another person or any source in order to assist you to answer any of the questions
contained in this question paper. While the examination is in progress, you may not assist
another student in answering any of the questions contained in this question paper.
OR
This is an open-book examination. You may consult your prescribed study material during
the examination.
5. Your answer to this portfolio examination must be submitted online on myUnisa.
5.1 Access myUnisa at https://my.unisa.ac.za/portal and login using your student number and
myUnisa password.
5.2 Click on the “myAdmin” tab in the top navigation.
5.3 In the “Assessments” submenu, click on the “Assessment Info” tool in the drop-down list
A list of all available assessments will display
Locate the section for UNISA summative assessments at the bottom of the list
Find the corresponding portfolio number for your module
Click on the Submit link in the Action column and follow the steps described below.
, 2
Step 1: Load the answer file from your PC to myUnisa
Click on the Browse button next to File Name
In the Choose File dialog box, select the file you want to upload, and then click OK
Select the correct file format from the File Format drop-down list. Most modules only allow
PDF formatted files to be uploaded.
Click on the Continue button.
Step 2: Verify the file details for final submission of your answer file
Use this step to verify that you are uploading the correct answer file to the correct course and
assessment number.
Click on the Continue button to submit your answer file. If you do not click Continue, no
submission action will take place.
Large files will take longer to upload than smaller files. Please be patient after you’ve
clicked Continue.
If the wrong details, e.g. file name, appear on the screen, click Back to restart the file
upload process.
Step 3: Assessment submission report
This is your proof that your take-home answer file was submitted. It is advisable to print
this page or make a screen capture for record purposes. A copy of this page will also be
emailed to your myLife email account.
6. The cover page to your portfolio must include your name, student number and the module
code.
7. It is preferred that your portfolio is typed, however, handwritten submissions will also be
accepted. If the portfolio is typed, the maximum length is 5 pages per question (which excludes
the cover page and the bibliography).
8. Whether your answers are typed or handwritten, your submission on myUnisa must be made
in the form of one PDF document.
9. If your answers are typed, ensure that the following requirements are adhered to. Items 9.3-
9.6 applies to written assignments as well.
9.1 The text must be typed in Arial font, size 12 with single line spacing within the paragraph, and
double line spacing after the paragraph.
9.2 The text must be justified.
9.3 All of the pages must be numbered in the bottom right hand corner of the page.
9.4 All margins must be 2 cm (not inches).
9.5 South African English and not American English should be used. For example, the correct
spelling is “Labour” and not “Labor”.
9.6 Do not use abbreviations or SMS language. You will be penalised.
, 3
10. When answering the portfolio questions, remember that an open-book exam is a test at a
higher level than the usual type of exam, where memory is tested as much as insight. In an
open-book exam, you need not memorise any information. You are expected to prove that
you can use information, rather than merely repeat it. In brief, what is being tested is factual
knowledge, understanding and the correct application thereof, not memory skills. For this
reason, you do not earn marks by merely detailing a list of all the information that you think
might be relevant to a particular question. This gives no indication that you know what statutory
or other provisions are applicable in a specific context. You are expected to identify precisely
what information applies, and then explain why you think so. Also, because you have the guide
available when answering questions, we do not give marks for direct quotations from the
guide. You are therefore assessed on your level of understanding of the legal principles by
looking at how well you applied the principles to the questions. PLEASE DO NOT CUT AND
PASTE ANSWERS FROM THE STUDY GUIDE (OR ANY OTHER SOURCE).
11. The arguments that you make must be logical, well-structured and substantiated by all of the
relevant legal principles. You are given 24 hours (not 2 hours) to complete the portfolio. Use
the time given wisely.
11.1 Ensure that you give reasons for each answer. Substantiate your answers by referring to ALL
of the relevant authorities, e.g. sections from relevant legislation and/or court cases. Use
footnotes and a bibliography.
11.2 You are required to have read and summarise the prescribed cases yourself. The summaries
in the Study Guide are not sufficient for this exam. When using case law to support your
answer, please include complete references to the relevant cases in your footnotes. This
means that you must not only include the name of the case but also the exact page and section
and/or paragraph where the information can be found. The same applies to articles and books
used.
11.3 A number of students lose marks because they do not approach problem-type questions
correctly. When answering such questions, it is important to first clarify for yourself the area of
work where the answer must be sought. Once you have done this, set out the relevant legal
principles. Deal only with those principles that relate to the given facts. Next, apply these
principles to the facts. This is where most of the students lose marks - they set out the law in
some detail, but then do not illustrate how it applies to the factual situation they have been
asked to solve. Finally, state your conclusion.
PLEASE NOTE:
If you experience technical problems, of any kind, on the day of the examination and your
examination answers are not submitted by the cut-off time, you will be marked as absent
and automatically deferred to the May/June 2021 examination. No other type of
submission of your examination answers will be accepted.
, 4
QUESTION 1
Yolanda Spies in 'Africa and the idea of international society' published in the Journal of
Contemporary History 41:1 (2016), 38 – 56, states the following: ‘Africa has a rightful claim to
being the birthplace of the key institution of the international society, diplomacy’. The same
argument can be raised in respect of international law in general.
Critically discuss the veracity or otherwise of this statement, in light of Malcolm M Shaw’s
assertions that ‘The foundations of international law as it is understood today lie firmly in the
development of Western culture and political organization, and that other territories such as
Africa only received it by way of colonization and Christianization’. In your response, and relying
on legal and other authority, clearly demonstrate key pre-colonial African contributions to the
history and development of international law.
[25]
QUESTION 2
The state of Somaliland, whose capital is Hargesia, was once colonized and merged with
Somalia, whose capital is Mogadishu to form one entity. Following years of misrule and civil
wars, Somalia Hargesia declared its own independence and broke away from Somalia
Mogadishu to form the entity known as Somaliland. Today it stands as a self-declared
independent ‘country’. Somaliland has a population (comprising mainly of Somalis); has a port
through which it trades with other states, and it also hosts an American military base near one
of its coastal areas. Somaliland also holds regular elections, has a constitution, a supreme
court, and a president. Collectively, these institutions are referred to by international agencies
as ‘the Somaliland Administration’. Political parties are free to operate and contest elections.
The Somaliland administration also issues passports to its citizens. Somaliland applies strict
Sharia law, which stands above the constitution. Despite all the foregoing, no state recognizes
Somaliland as a state.
Relying on authority, write an essay in which you critically discuss the status of Somaliland and
its claims to be a ‘state’.
[25]
