LCP4801 PORTFOLIO MEMO - OCT./NOV. 2025 - SEMESTER 2 - UNISA - DUE DATE :- 23 OCTOBER 2025 - (DETAILED ANSWERS - DISTINCTION GUARANTEED!)

LCP4801 PORTFOLIO MEMO - OCT./NOV. 2025 - SEMESTER 2 - UNISA - DUE DATE :- 23 OCTOBER 2025 - (DETAILED ANSWERS - DISTINCTION GUARANTEED!) Question 1 “TWAIL scholars focused on understanding the deeper structures of the discipline, the very ontology of international law, and approached the history and theory of international law from a very different set of perspectives. They argued that imperialism was central to international law. This was not only because imperialism was the means by which international law became universal, a single system of rules that governed societies in Africa and Asia, Europe, and the Pacific. Rather, imperialism was foundational to the making of international law because it was in the colonial encounter that the basic doctrines of international law were forged.” Anghie, A. (2023). Rethinking international law: A TWAIL retrospective. European Journal of International Law, 34(1), 7-112. 1.1 With reference to the statement above, discuss the significance of TWAIL scholars and their criticism of the imperialistic development of international law. (10) 1.2 Describe the development of international law and the contribution of pre- colonial African entities to such development. Refer to relevant sources. (10) 1.3 Is the proliferation of international organisations in modern society part of the development and transformation of international law? Explain. (5) [25] Question 2 Azora is one of Africa's largest Muslim populations, situated in North Africa. It gained its independence on 30 August 2025 and is now recognised as a state by all members of the United Nations. The Minister of International Relations and Cooperation in Azora would like Azora to become a party to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). 8 However, Azora does not wish to be bound by Article 16 of CEDAW, which provides for the elimination of discrimination against women in all matters relating to marriage and family relations. The Minister of Azora’s argument is that Article 16 conflicts with the provisions of the Islamic Shariah. With reference to the appropriate authorities, advise the Minister on how a state can express its consent to be bound by a treaty, and explain the process governing the reservations to treaties. (20) [20] Question 3 3.1 Discuss usus as one of the two requirements that must be present for a rule of customary international law to develop. (10) 3.2 Define the following concepts and explain the criticisms levelled against their application by different scholars: 3.2.1 Declaratory theory of statehood. 3.2.2 Sovereign equality. (5) 3.2.3 Jus cogens (5) (10) [30] Question 4 In May 2025, a border dispute broke out between two United Nations members, namely the Republic of Safari and the Republic of Montesh. This dispute led to a nationwide political and security crisis marked by violence and widespread human rights abuses. Should this situation continue, it will likely endanger the maintenance of peace and security in the two countries. The Minister of Foreign Affairs in Safari approaches you, as an expert in international law, to advise him on the most effective approach to address this dispute. With reference to the relevant treaty, advise the Minister on the following: 9 4.1 The obligations of the two states to settle their disputes peacefully and the methods of such dispute settlement. (15) 4.2 Under what circumstances can Safari affirm its rights through countermeasures and the requirements for lawful countermeasures? (10) [25] [100]