Assignment 2
Semester 1
Due Year 2026
, QUESTION 1.1: Development of international law and the contribution of pre-
colonial African entities
International law developed gradually from a largely Eurocentric system into a more
universal legal order. Its early foundations are often traced to the Peace of Westphalia
of 1648, which entrenched the idea of territorially based sovereign states interacting
through agreed rules. During this classical period, international law mainly governed
relations among European powers and reflected their political and commercial interests
(Shaw 2017). As European colonial expansion intensified, international law was used to
regulate territorial acquisition, diplomacy and trade, often excluding non-European
societies from equal participation.
The twentieth century marked a significant transformation. The creation of the League
of Nations and later the United Nations broadened the scope of international law
beyond Europe, especially through principles such as self-determination and sovereign
equality of states. Decolonisation after 1945 brought newly independent African and
Asian states into the international legal system, thereby reshaping it into a more
inclusive order (Shaw 2017).
Pre-colonial African entities made important, though often overlooked, contributions to
the development of international law. First, many African kingdoms and empires
practised diplomacy and treaty-making long before colonial rule. For example, the
Kingdom of Kongo concluded diplomatic and trade agreements with Portugal in the
fifteenth and sixteenth centuries, demonstrating recognition of mutual obligations
between political entities. Similarly, the Ethiopian Empire entered into treaties with
European powers in the nineteenth century, reflecting an established understanding of
international personality and treaty relations (Elias 1988).
Second, norms governing envoys, trade, and peaceful coexistence were well developed
in several African polities. The Ashanti Empire and the Mali Empire maintained
diplomatic missions and negotiated alliances and trade arrangements, which resembled
modern international legal practices such as diplomatic immunity and peaceful