lcp4801 SUMMARY 2021

OVERVIEW v Learning unit 1: Defi ning epochs 1 Learning unit 2: Statehood and recognition 8 Learning unit 3: International law making as an attribute of state sovereignty 18 Learning unit 4: The fundamental principles of the international legal order 46 Learning unit 5: Maintaining international peace and security: the enforcement of international law 64 Learning unit 6: Jurisdiction of states 77 BIBLIOGRAPHY 85 (iv) (v) LCP4801/1 OVERVIEW 1 WHAT IS INTERNATIONAL LAW ALL ABOUT? 1.1 Welcome to the International Law module: LCP4801 International law is the law between international entities such as states and international organisations. It is not about political argument although, of course, politics do inform the decisions a state takes and its basic approach to the value of international law. While international law principles are at times more pliable than those in a state’s internal law, they are still binding legal rules. An action may be politically expedient, but if it runs foul of the binding norms of international law it is legally invalid and as a student of international law, you must be able to explain this. It is our job to make these rules accessible to you, so that as a future legal practitioner, you will be able to advise your clients, formulate legal opinions and present legal arguments in a court of law. At this early stage, it must be pointed out that in writing a legal opinion, you must be able to: • identify the issues raised; • analyse the facts and the applicable legal principles; • then apply the legal principles to the facts, and support your argument with reference to authority (such as case law, relevant legislative and treaty provisions, and/or opinions expressed in academic writing); • draw logical conclusions. • Bear these guidelines in mind whenever you are faced with the task of answering a legal question. 1.2 What do we aim to cover in this course? Clearly, you cannot learn all of international law in a semester (or in a single lifetime). What we have tried to do is to give you the essential principles which you must know. This study guide includes general principles and is divided into six learning units covering topics from international law which are particularly relevant to your fi eld of study. In other words, practical aspects which you may need in your working lives. The course, therefore, consists of the following learning units: (1) Defi ning epochs (2) Statehood and recognition (3) International law making as an attribute of state sovereignty (4) The fundamental principles of the international legal order (vi) (5) Maintaining international peace and security: The enforcement of international law (6) Jurisdiction of states 1.3 What is our approach to the study of international law Our new outcomes-based approach has the following distinct features: • The prescribed tutorial material, which consists of the prescribed textbook, your study guide and follow-up tutorial letters. • Case law is referred to in the textbook, guide, and subsequent tutorial letters. You do not need to copy or download any cases, unless we expressly tell you to do so. However, through the use of the prescribed study material, all the case information