LCP4801 LATEST EXAM PACK

LCP4801 LATEST EXAM PACK 3 | P a g e Contents EXAMINATION PACK ................................................................................................ 1 LCP4801 – INTERNATIONAL LAW ........................................................................... 1 LCP4801 MAY/JUNE 2020 ONLINE EXAM ................................................................ 4 LCP4801 MAY/JUNE 2018 ........................................................................................ 23 LCP4801 OCT/NOV 2018 ......................................................................................... 33 LCP4801 MAY/JUNE 2019 ........................................................................................ 46 LCP4801 OCT/NOV 2019 ......................................................................................... 60 4 | P a g e LCP4801 MAY/JUNE 2020 ONLINE EXAM QUESTION 1 International law is the law that governs relations between states. It is also the law that governs relations between states and international organisations as well as, between international organisations. EVOLUTION OF INTERNATIONAL LAW AND WIDELY PERVASIVE EUROCENTRIC APPROACH The evolution of international law has been claimed to be owed to the Western legal players. It is because of this belief that the historical evolution of international law is an integral part of the phenomenon of state formation. This process owed its influence to the conditions that started to prevail towards the end of the 1500s in parts of Europe and which account for what is usually referred to as the Eurocentric nature of ‘early’ international law. The appearance of international relations thus coincided with the rise of several sovereign states as they entered into external relations with one another or when they sought the formation of alliances between themselves for the protection of their own or collective interests. The period from 1500 to 1648 This period is known for the emergence of modern Europe and was characterised by vigorous economic expansion, followed by social, political and cultural transformations. After two centuries of decline, most areas in Europe now experienced an expansion in population growth with commercial activities becoming stronger and more closeknit within Europe. Geographic discoveries and expansion helped integrate Europe into a kind of world economic system. This period saw the emergence of Westphalian model. This is an international order consisting mainly or exclusively of independent sovereign States which exercised untrammeled authority within their respective territories and freely coordinated their 5 | P a g e mutual relations in accordance with their perceived self-interest on the basis of equality. It is a model which upholds state sovereignty and its major role in being a role player in international law. The sovereign equality of states and respect for their independence, ideas that developed between this period are still part of the fundamental principles of international law, and are enshrined in the UN Charter. The period from 1648 to 1815 This event, described as the ‘most important event in modern history’, called into being a new form of state referred to as the nation state. It was based on a set of rules that were entirely different from those applicable in the colonial motherland at the time that the colonial émigrés started to settle in the new world. What emerged here was the concept of the nation as a political entity that was a voluntary association of a people under a common set of laws and represented by the same government. Connected to this historical notion of state formation were the aspirations of peoples or nations to independent statehood in the political and legal sense of the word. This led to the often interchangeable use of concepts such as ‘nation’ and ‘state’ in international law and in international relations. The developments in this section provided the foundation for the establishment of a new international order based on a European balance of power. International law became the preserve of the European Christian states. Therefore, by the end of this epoch the new international order reflected European values. Access to this order by foreign states and overseas possessions was possible only with the consent of the Western powers and on conditions determined by them. The nineteenth century was also the age of the European conferences between the major powers. These contributed significantly to the development of rules governing the waging of war and the settlement of disputes. Through a network of international relations, the application of international law principles expanded and necessitated the academic study of state practice at institutions of higher learning.