, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
QUESTION 1
1.1. Describe the development of international law and the contribution of pre-colonial African
entities to such development. Refer to relevant sources.
The development of international law is fundamentally linked to the historical evolution of state
formation and the mutual interaction between sovereign entities1 . This history is generally
categorized into four defining epochs: the period from 1500 to 1648, which saw the rise of modern
sovereign states; the period from 1648 to 1815, beginning with the Peace of Westphalia; the period
from 1815 to 1914, marked by European expansion; and the era from 1914 to the present,
encompassing the World Wars and the establishment of the United Nations2 . While conventional
19th-century scholarship often claimed European origins for international law, modern discoveries
indicate that international rule-making was practiced much earlier in the ancient world3 .
Pre-colonial African entities made significant early contributions to the foundations of international
law through sophisticated systems of diplomacy and treaty-making. For instance, in the second
millennium BC, ancient Egypt engaged in a close network of international relations based on trade,
cultural contacts, and "parity treaties" that recognized the mutual rights and obligations of member
states4 . Similarly, Carthage, established in 814 BC in modern-day Tunisia, functioned as a major
power that controlled extensive territory and concluded treaties of friendship and commerce with the
Roman Republic to protect commercial interests and establish spheres of influence3. These historical
examples demonstrate that the principles of diplomatic reciprocity and the sanctity of treaties were
active within Africa long before the formalization of the Westphalian system.
Despite these contributions, the 19th-century positivist tradition suppressed non-European histories
and used international law to justify the marginalization of African sovereignty5 . During the colonial
era, European powers utilized "unequal treaties" to consolidate rule, effectively destroying the legal
personality of indigenous states by regarding them as entities without sovereignty7 . The Berlin
Conference (1884–1885) further formalised this exclusion, setting rules for the acquisition of African
territory that ignored existing indigenous rights8 . In the contemporary era, African agency has
resurged through the African Union (AU), which has developed its own institutional frameworks for
peace, security, and stability, reflecting a renewed African influence on the global legal order 9.
1: (Strydom, Gerhard Kemp, Oliver Christian Ruppel & Al 2024. Page 5)
2: (LCP4801, Study Guide. Page 3)
3: (Strydom, Gerhard Kemp, Oliver Christian Ruppel & Al 2024. Page 6)
4: (Strydom, Gerhard Kemp, Oliver Christian Ruppel & Al 2024. Page 5-6)
5: (Strydom, Gerhard Kemp, Oliver Christian Ruppel & Al 2024. Page 6, 38)
6: (Strydom, Gerhard Kemp, Oliver Christian Ruppel & Al 2024. Page 37)
7: (Strydom, Gerhard Kemp, Oliver Christian Ruppel & Al 2024. Page 16, 53)
8: (Strydom, Gerhard Kemp, Oliver Christian Ruppel & Al 2024. Page 33)
QUESTION 1
1.1. Describe the development of international law and the contribution of pre-colonial African
entities to such development. Refer to relevant sources.
The development of international law is fundamentally linked to the historical evolution of state
formation and the mutual interaction between sovereign entities1 . This history is generally
categorized into four defining epochs: the period from 1500 to 1648, which saw the rise of modern
sovereign states; the period from 1648 to 1815, beginning with the Peace of Westphalia; the period
from 1815 to 1914, marked by European expansion; and the era from 1914 to the present,
encompassing the World Wars and the establishment of the United Nations2 . While conventional
19th-century scholarship often claimed European origins for international law, modern discoveries
indicate that international rule-making was practiced much earlier in the ancient world3 .
Pre-colonial African entities made significant early contributions to the foundations of international
law through sophisticated systems of diplomacy and treaty-making. For instance, in the second
millennium BC, ancient Egypt engaged in a close network of international relations based on trade,
cultural contacts, and "parity treaties" that recognized the mutual rights and obligations of member
states4 . Similarly, Carthage, established in 814 BC in modern-day Tunisia, functioned as a major
power that controlled extensive territory and concluded treaties of friendship and commerce with the
Roman Republic to protect commercial interests and establish spheres of influence3. These historical
examples demonstrate that the principles of diplomatic reciprocity and the sanctity of treaties were
active within Africa long before the formalization of the Westphalian system.
Despite these contributions, the 19th-century positivist tradition suppressed non-European histories
and used international law to justify the marginalization of African sovereignty5 . During the colonial
era, European powers utilized "unequal treaties" to consolidate rule, effectively destroying the legal
personality of indigenous states by regarding them as entities without sovereignty7 . The Berlin
Conference (1884–1885) further formalised this exclusion, setting rules for the acquisition of African
territory that ignored existing indigenous rights8 . In the contemporary era, African agency has
resurged through the African Union (AU), which has developed its own institutional frameworks for
peace, security, and stability, reflecting a renewed African influence on the global legal order 9.
1: (Strydom, Gerhard Kemp, Oliver Christian Ruppel & Al 2024. Page 5)
2: (LCP4801, Study Guide. Page 3)
3: (Strydom, Gerhard Kemp, Oliver Christian Ruppel & Al 2024. Page 6)
4: (Strydom, Gerhard Kemp, Oliver Christian Ruppel & Al 2024. Page 5-6)
5: (Strydom, Gerhard Kemp, Oliver Christian Ruppel & Al 2024. Page 6, 38)
6: (Strydom, Gerhard Kemp, Oliver Christian Ruppel & Al 2024. Page 37)
7: (Strydom, Gerhard Kemp, Oliver Christian Ruppel & Al 2024. Page 16, 53)
8: (Strydom, Gerhard Kemp, Oliver Christian Ruppel & Al 2024. Page 33)
