LCP4801 PORTIFOLIO SEPTEMBER 2021

QUESTION 1 Write short notes on the following: a) The differences and similarities between international law and national law (10) b) Instances where a treaty may be terminated or suspended (10) c) The distinction between indirect and direct state liability (10) d) The bases of jurisdiction under international law (10) [40] QUESTION 2 The United Nations General Assembly recently passed a resolution changing the status of Quarantina from an “observer entity” to a “non-member observer state” within the United section and/or paragraph where the information can be found. The same applies to articles andNations (UN) system. Northbound Phillips, the Permanent Representative of Laskonia to the UN had told the Assembly: “This resolution does not establish that Quarantina is a state.” You have been tasked by the representative of Quarantina to the UN, Farah Amazonia, to write a legal opinion on whether or not this resolution makes Quarantina an independent state in light of the requirements for statehood in international law. [40] QUESTION 3 “The existence of a widespread customary law was noticed by early European visitors to Africa, in particular by the Portuguese. Traders enjoyed, for example, the protection of law for the unwritten contracts, based on oaths and 'medicine', which they made with the local inhabitants. Conversely, these European traders resented the application of West African law under which the property of a dead colleague, or their ships gone aground along the coast, were forfeit to the local ruler. Thus it seems that customary law, this 'unity in diversity', provided a bond between the different states and peoples of West Africa, and a form of international law by which their relations with each other could be regulated.” - Robert Smith, ‘Peace and palaver: International relations in pre-colonial West Africa’ Journal of African History (1973). Based on the quote above, explain how African customary law shaped the following practises in pre-colonial Africa: a) The appointment of ambassadors (5) b) The immunity for the persons and possessions of diplomats (7) c) Agreement on peace treaties (8) [20]