LCP4801
Assignment 2
Semester 1
Due Year 2026
, QUESTION 1
1.1 Development of International Law and the Contribution of Pre-
Colonial African Entities
International law did not suddenly appear in Europe. It developed gradually through
interaction among different civilizations over centuries. While early European scholars
such as Grotius are often credited with shaping modern international law, historical
evidence shows that rules governing relations between political communities existed
long before European dominance (Shaw, 2021).
In ancient times, legal rules regulating diplomacy, war, and trade emerged among
civilizations such as Mesopotamia, Greece, Rome, India, and China. For example,
diplomatic immunity was recognised in ancient Greece, and treaty-making practices
were common in the Roman Empire (Brownlie, 2019). During the medieval period, the
law of nations was influenced by natural law theory and religious doctrines, especially
within Christian Europe and the Islamic world.
The transition to modern international law occurred after the Peace of Westphalia
(1648), which recognised the sovereignty of states and established the foundation for
the modern state system. From this period onward, European powers dominated the
development of international law, particularly during the colonial era, when legal norms
were often used to justify imperial expansion (Anghie, 2005).
Despite the Eurocentric narrative, pre-colonial African entities made significant
contributions to international legal practice. African societies had sophisticated systems
regulating diplomacy, conflict resolution, and inter-community relations.
First, many African kingdoms practised treaty-making long before colonial contact. The
Ethiopian Empire, for instance, concluded diplomatic agreements with foreign powers
such as Portugal in the 16th century, demonstrating recognition of sovereignty and
formal international relations (Akehurst, 2017). These treaties reflected mutual
obligations similar to those found in modern treaty law.
Assignment 2
Semester 1
Due Year 2026
, QUESTION 1
1.1 Development of International Law and the Contribution of Pre-
Colonial African Entities
International law did not suddenly appear in Europe. It developed gradually through
interaction among different civilizations over centuries. While early European scholars
such as Grotius are often credited with shaping modern international law, historical
evidence shows that rules governing relations between political communities existed
long before European dominance (Shaw, 2021).
In ancient times, legal rules regulating diplomacy, war, and trade emerged among
civilizations such as Mesopotamia, Greece, Rome, India, and China. For example,
diplomatic immunity was recognised in ancient Greece, and treaty-making practices
were common in the Roman Empire (Brownlie, 2019). During the medieval period, the
law of nations was influenced by natural law theory and religious doctrines, especially
within Christian Europe and the Islamic world.
The transition to modern international law occurred after the Peace of Westphalia
(1648), which recognised the sovereignty of states and established the foundation for
the modern state system. From this period onward, European powers dominated the
development of international law, particularly during the colonial era, when legal norms
were often used to justify imperial expansion (Anghie, 2005).
Despite the Eurocentric narrative, pre-colonial African entities made significant
contributions to international legal practice. African societies had sophisticated systems
regulating diplomacy, conflict resolution, and inter-community relations.
First, many African kingdoms practised treaty-making long before colonial contact. The
Ethiopian Empire, for instance, concluded diplomatic agreements with foreign powers
such as Portugal in the 16th century, demonstrating recognition of sovereignty and
formal international relations (Akehurst, 2017). These treaties reflected mutual
obligations similar to those found in modern treaty law.
