LCP4801 PORTFOLIO MEMO - OCT./NOV. 2024 - SEMESTER 2 - UNISA - DUE DATE :- 5 NOVEMBER 2024 - (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)

LCP4801 PORTFOLIO MEMO - OCT./NOV. 2024 - SEMESTER 2 - UNISA - DUE DATE :- 5 NOVEMBER 2024 - (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!) QUESTION 1 Customary international law is among the traditional sources of international law. With reference to the latter statement, kindly answer the following questions: 1.1 In what international legal instrument is it provided that customary international law is indeed a source of public international law? (2) 1.2 What two requirements must be present for a rule of customary international law to develop? (4) 1.3 What is considered a significant difference between custom and treaties as sources of international law? (2) 1.4 Does the Constitution of the Republic of South Africa recognise customary international law provided for in South Africa’s Constitution? If so, cite and the provision and content. (3) 1.5 What are the other traditional sources of international law? (6) [17] QUESTION 2 On 15 April 2024, the Armageddon, an oil tanker under the flag of Radebe (a State) and owned by a company registered in Radebe, came under drone and missile attack. This attack took place while the Armageddon was within the territorial sea of Radebe. Several crew members from Radebe were killed in the attack. The H-crew, an official military detachment of the Mthembu State claimed responsibility for the attack. You are a senior legal advisor to the Radebe Minister of Foreign Affairs. You are instructed to draft a legal memorandum outlining international law on the use of force, how Radebe can deviate from this rule and whether Radebe will be justified should they retaliate. Your legal memorandum must not exceed 1500 words. The summary must not exceed 300 words. (35) [35] Questions 3 and 4 are on the next page… LCP 4801 October/November Examination 10 QUESTION 3 The Republic of Illinia (Illinia) is a large, landlocked African country. The Weland Federation (Weland) is a coastal State neighbouring Illinia. Illinia and Weland are both members of the African Union and the United Nations. Weland has a long history of internal conflict and the Welandian Government asserts little control beyond the capital. Weland is comprised of a number of semi-autonomous regions which do not have capacity under Weland’s Constitution to conclude international agreements. Weland’s largest region is Sufjan in the north which has a distinct history, culture and language from the rest of Weland and which declared its independence in 2005. No State recognizes Sufjan’s independence. 3.1 What theory of Statehood does the non-recognition of Sufjan speak to and how? (4) 3.2 Contrast the theory discussed above with that of an alternative theory of Statehood. Your answer must make reference to submissions made by scholars on the application of the theory. (6) 3.3 The statement ‘Welandian Government asserts little control beyond the capital’ implies that Weland enjoys three distinct competences. What are these competences and what is the difference between them? Your answer must make reference to the appropriate case law. (25) [35] QUESTION 4 Following a conference on decolonising international law, your line manager, a senior legal advisor, informs you that the TWAIL movement enjoyed a great deal of attention. He asks you to provide responses to the following questions, which will form part of his report. 4.1 What does the acronym TWAIL stand for? (2) 4.2 What informed the development of the TWAIL movement? (5) 4.3 What are the objectives of TWAIL? (6) [13] {100}