IPC1501 ASSIGNMENT 2 2026
DUE 23 APRIL 2026
SECTION A: Short Questions
1.1 Provide two different definitions of international law from your study material,
identifying the scholar associated with each definition.
According to Brierly (1980, cited in Study Guide, p. 80), international law may be
defined as the body of rules and principles of action which are binding upon civilised
states in their relations with one another. In contrast, Akehurst (1982, cited in Study
Guide, p. 80) defines international law as the system of law which governs relations
between states.
1.2 In your own words, explain why international law does not have a single
universally accepted definition.
International law does not have a single universally accepted definition primarily
because it is a contested and multidimensional field. The subjects of international law
are no longer exclusively states; individuals and international organisations are also
considered subjects with rights and obligations, which complicates any simple definition
(Study Guide, p. 79). Furthermore, a deep theoretical tension exists between natural
law and positivist theories. Natural law argues that law is derived from morality and
reason, while positivism insists that law is based solely on the consent of states. This
fundamental disagreement over the source of law’s authority prevents scholars from
agreeing on a unified definition (Study Guide, p. 81).
, 2.1 Distinguish between jus naturale (natural law) and jus gentium (positivism) as
approaches to international law. For each approach, identify the source of
authority it recognises.
Jus naturale, or natural law, is based on the belief that states should be legally bound to
one another because an orderly world is a natural principle, and its authority is derived
from morality, ethics, and human reasoning. Jus gentium, or positivism, maintains that
international law is the sum total of rules to which states have agreed to be bound, and
its authority is derived from state consent, whether expressed through a treaty or
implied through customary practice (Study Guide, p. 81; IPC1501 Unit 5 & 9, p. 2).
2.2 Which approach do you consider more relevant to international politics
today? Justify your position with reference to a specific example.
Positivism is more relevant to international politics today because the international
system is fundamentally based on the principle of state sovereignty, which requires
state consent for legal obligations. For example, the International Criminal Court (ICC)
can only prosecute individuals for war crimes and genocide if the accused is from a
state party that has ratified the Rome Statute, or if the UN Security Council refers a
case (Study Guide, p. 85). South Africa’s refusal to arrest former Sudanese President
Omar al-Bashir in 2015, citing its own interpretation of diplomatic immunity and AU
obligations, demonstrates that even powerful legal norms cannot override a state’s
sovereign consent (Assignment Guidelines, p. 3).
3.1 Identify and explain two formal sources of international law as recognised in
Article 38 of the Statute of the International Court of Justice.
DUE 23 APRIL 2026
SECTION A: Short Questions
1.1 Provide two different definitions of international law from your study material,
identifying the scholar associated with each definition.
According to Brierly (1980, cited in Study Guide, p. 80), international law may be
defined as the body of rules and principles of action which are binding upon civilised
states in their relations with one another. In contrast, Akehurst (1982, cited in Study
Guide, p. 80) defines international law as the system of law which governs relations
between states.
1.2 In your own words, explain why international law does not have a single
universally accepted definition.
International law does not have a single universally accepted definition primarily
because it is a contested and multidimensional field. The subjects of international law
are no longer exclusively states; individuals and international organisations are also
considered subjects with rights and obligations, which complicates any simple definition
(Study Guide, p. 79). Furthermore, a deep theoretical tension exists between natural
law and positivist theories. Natural law argues that law is derived from morality and
reason, while positivism insists that law is based solely on the consent of states. This
fundamental disagreement over the source of law’s authority prevents scholars from
agreeing on a unified definition (Study Guide, p. 81).
, 2.1 Distinguish between jus naturale (natural law) and jus gentium (positivism) as
approaches to international law. For each approach, identify the source of
authority it recognises.
Jus naturale, or natural law, is based on the belief that states should be legally bound to
one another because an orderly world is a natural principle, and its authority is derived
from morality, ethics, and human reasoning. Jus gentium, or positivism, maintains that
international law is the sum total of rules to which states have agreed to be bound, and
its authority is derived from state consent, whether expressed through a treaty or
implied through customary practice (Study Guide, p. 81; IPC1501 Unit 5 & 9, p. 2).
2.2 Which approach do you consider more relevant to international politics
today? Justify your position with reference to a specific example.
Positivism is more relevant to international politics today because the international
system is fundamentally based on the principle of state sovereignty, which requires
state consent for legal obligations. For example, the International Criminal Court (ICC)
can only prosecute individuals for war crimes and genocide if the accused is from a
state party that has ratified the Rome Statute, or if the UN Security Council refers a
case (Study Guide, p. 85). South Africa’s refusal to arrest former Sudanese President
Omar al-Bashir in 2015, citing its own interpretation of diplomatic immunity and AU
obligations, demonstrates that even powerful legal norms cannot override a state’s
sovereign consent (Assignment Guidelines, p. 3).
3.1 Identify and explain two formal sources of international law as recognised in
Article 38 of the Statute of the International Court of Justice.
