LCP4801
Assignment 2 (COMPLETE ANSWERS) Semester 1
2025
DUE March 2025
, ACTIVITIES
Question 1 Name the theory/principle/doctrine/concept that is being referred to in each of
the statements below: 1) One of the most time-honoured principles of international law is
that which enjoins States to implement their international obligations in good faith. (1) 2)
This is the vehicle through which customary rules become part of the municipal legal system.
(1) 3) In many countries, and without more, treaties enjoy equal status with municipal law. (1)
4) This doctrine does not apply in international law, irrespective of the similarity between the
issues and dispute. (1) 5) “A collectivity of States established by treaty, with a constitution
and common organs, having a personality distinct from that of its member-States, and being
a subject of international law with treaty-making capacity”. (1) [5] Question 2 ‘There is no
hierarchy among the sources of customary international law listed in Article 38(1) of the ICJ
Statute. It is, in fact, nothing but an exercise in futility to attempt to justify a ranking of some
sort among these sources.’ To what extent does this statement represent the true nature of
the provisions contained in Article 38(1) of the ICJ Statute? [10] Question 3 ‘“The general
principles of law recognized by civilized nations” means general principles of international
law.’ Critically examine this statement. [15] Question 4 With reference to appropriate
authority, including relevant case law, critically discuss the statement that follows. Remember
that your answer must be properly substantiated by way of footnotes referring in precise
detail to the sources relied on. A head of state signs a treaty on behalf of his or her country
in excess of or without the authority of his or her country’s governing body, such treaty shall
be void for inconsistency with the domestic law of the country.
Assignment 2 (COMPLETE ANSWERS) Semester 1
2025
DUE March 2025
, ACTIVITIES
Question 1 Name the theory/principle/doctrine/concept that is being referred to in each of
the statements below: 1) One of the most time-honoured principles of international law is
that which enjoins States to implement their international obligations in good faith. (1) 2)
This is the vehicle through which customary rules become part of the municipal legal system.
(1) 3) In many countries, and without more, treaties enjoy equal status with municipal law. (1)
4) This doctrine does not apply in international law, irrespective of the similarity between the
issues and dispute. (1) 5) “A collectivity of States established by treaty, with a constitution
and common organs, having a personality distinct from that of its member-States, and being
a subject of international law with treaty-making capacity”. (1) [5] Question 2 ‘There is no
hierarchy among the sources of customary international law listed in Article 38(1) of the ICJ
Statute. It is, in fact, nothing but an exercise in futility to attempt to justify a ranking of some
sort among these sources.’ To what extent does this statement represent the true nature of
the provisions contained in Article 38(1) of the ICJ Statute? [10] Question 3 ‘“The general
principles of law recognized by civilized nations” means general principles of international
law.’ Critically examine this statement. [15] Question 4 With reference to appropriate
authority, including relevant case law, critically discuss the statement that follows. Remember
that your answer must be properly substantiated by way of footnotes referring in precise
detail to the sources relied on. A head of state signs a treaty on behalf of his or her country
in excess of or without the authority of his or her country’s governing body, such treaty shall
be void for inconsistency with the domestic law of the country.
