Worksheet 1 Click UP tutorial Pbl 320 PDF

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tut work for pbl 320 year 2021. Worksheet 1 of the semester. Questions and answers included in this worksheet...

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Public International Law (PBL320) Study Theme 1: The Historical Development and Theory of International Law (Part A – C)

Worksheet 1

(23 August – 29 August 2021)

Personal Details: Initial(s) and surname: Student Number:

Instructions: 1. Download this worksheet from ClickUP, posted in Word format, and complete the questions electronically by using the grey fillable blocks on your computer. 2. Ensure that you answer the questions comprehensively by paying specific attention to the relevant sections in treaties and Constitutional provisions, the application thereof as well as case law (where applicable). 3. Let the mark allocation serve as a guideline when answering the questions. 4. After completing the worksheet, upload it in PDF format onto the Turnitin link available on ClickUP, with the file name in the following format: Surname_Initials_Studentnumber_320(1) (e.g. Swart_MJ_1600561_320(1)). 5. Once your completed worksheet has been uploaded, a voice recording and transparency will be made available with the answers to the worksheet. 6. The duties falls on every student to mark their own worksheets and to ensure that they learn from their mistakes, as questions similar to these will be asked in assessments. 7. Dates and times of online discussion boards / virtual consultation hours will be communicated via ClickUP where students will be able to clear up all uncertainty. No queries regarding the work will be answered via email, as all students need to have access to the information. 8. Half marks can be awarded. Take Note: We are all experiencing difficult and unprecedented times. It is in the interest of students to do these worksheets with the necessary skill and diligence. A record will obviously be kept of all the Turnitin submissions as an indication of a student’s willingness to contribute toward their own success. Preference will always be given to students who are hard workers, eager learners and those with a willing disposition.

Section A: Nature, History and Definition of International Law

[10 marks]

Question 1 [4] Each of the following statements contain one or more error(s). Rectify these errors by rewriting the statement correctly: (a)

International law may be defined as a descriptive body of rules and principles which are binding upon states in their relations with their citizens. [1]

1

(b)

Today public international law concerns itself with states only and no other entities enjoy international legal personality. [1]

(c)

Public international law is the system of laws that selects or chooses the appropriate law in circumstances where individuals’ legal relations are governed by the laws of different states. [1]

(d)

Cornelius van Bynkershoek is acclaimed as the ‘father of international law’ in recognition of his monumental treatise De Jure Belli ac Pacis Libri Tres. [1]

Question 2 Briefly identify the three main differences between international law and municipal law. Give a brief explanation of each. [3]

Question 3 Briefly explain what is meant when scholars of international law refer to this subject area as being fragmented. Also give at least three examples of these fragments. [3]

_________________________________________________________________________________ Part B: Theory of International Law

[10 marks]

Question 4 Read the following extract carefully: “As we have seen so far, the sheer difficulty of finding an explanatory theory of international law has led many scholars to reduce the meaning of the term ‘international law’ to a status below that of real law in order that their theories will fit the redefinition.” From Anthony D’Amato “A few steps toward an explanatory theory of international law” Santa Clara J. Int’l L 1 2009 – 2010.

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Critically comment on the above comment by referring to the argument proffered by D’Amato as to why international law should be regarded as enforceable law. [5]

Question 5 Read the following extract carefully: “The regime of international law is illegitimate. It is a predatory system that legitimizes, reproduces and sustains the plunder and subordination of the Third World by the West. Neither universality nor its promise of global order and stability make international law a just, equitable, and legitimate code of global governance for the Third World. The construction and universalization of international law were essential to the imperial expansion” (footnotes omitted). From Makau Mutu & Antony Anghie “What is TWAIL?” Proceedings of the Annual Meeting (American Society of International Law), Vol 94 p 31-40

In light of the views expressed in the extract, critically outline so-called Third-World theoretical approaches to international law. [5]

_________________________________________________________________________________ Part C: Theories on the Relationship between International law and Municipal law [10 marks] Question 6 The relationship between international law and municipal law troubles both theorists and courts. There are two main approaches to this subject. Name and describe each of the approaches. Also give an example of a country that follows each approach. [4]

Question 7 Read the following quoted phrase carefully:

[6]

“… international and municipal law, far from being essentially different, must be regarded as manifestations of a single conception of law.” (E Lauterpacht International law 217)

In light of this quotation and sections 231 and 232 of the Constitution of the Republic of South Africa, 1996, explain the status of the following in South African law: (a)

Treaties.

[2]

3

(b)

Technical, administrative or executive treaties.

[2]

(c)

Customary international law.

[2]

Total: 30 marks

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