UNIVERSITY EXAMINATIONS

January/February 2021

LCP4801

International Law

100 Marks
24hours

This paper consists of 5 pages.

Honesty Declaration:
In writing and submitting this paper you affirm that:
1. You understand what academic dishonesty entails and are aware of UNISA’s policies
in this regard.
2. You have not allowed, and will not allow, anyone to copy your work with the intention
of passing it off as his or her own work.
3. You did not make use of another student’s work with or without permission and
submitted it as your own.

PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE

ANSWERING THE EXAMINATION QUESTIONS.

1. The examination question paper counts 100 marks.

2. It consists of FOUR (4) questions. Answer ALL of the questions.

3. The duration of the examination is 24 hours. Your portfolio must be submitted via
myUnisa on 0800hrs on 22 February 2021 on or before 0800hrs on 23 February
2021. (Central African Time).

4. This is an open-book examination. You may consult your prescribed study material
during the examination.

5. Your answer to this portfolio examination must be submitted online on myUnisa.

5.1 Access to myUnisa

Access myUnisa at https://my.unisa.ac.za/portal.

Open Rubric
 Page 2 of 5

5.2 Where do I download the examination question paper?

On the landing page for myUnisa (https://my.unisa.ac.za/portal), before login, find

the link to Login and download my Exam Question Paper for Oct/Nov 2020.
Click on this link to open the tool. Login with your student number and myUnisa
password. Find your module code on the next page and download your examination
paper.

5.3 How do I upload my answer file?

5.3.1 On the landing page for myUnisa, before login, go back to the link where you
downloaded your examination paper: Login and download my Exam Question Paper
for Oct/Nov 2020.

5.3.2 Login using your student number and myUnisa password

5.3.3 On the next screen, find the module code for which you want to submit an answer
file. Click on the link to “submit answer file”. This link will only display if the
examination session is still open for file submissions.

5.3.4 A new screen will open that will guide you through the steps to upload your answer
file.

Step 1: Load answer file from your PC to myUnisa and complete the Honesty Declaration
 Click on the Browse button next to File Name
 In the Choose File dialog box, select the file you want to upload, and then click OK.
Be careful. Select the correct document.
 Select the correct programme format from the File Format drop-down list. Most
modules only allow PDF formatted files to be uploaded.
 Read the Honesty Declaration statement.
 If you agree with the Honesty Declaration statement, type I AGREE in the text box.
You cannot continue with the upload process if you do not complete the
requirements of the declaration.
 Click on the Continue button.

Step 2: Verify the file details for final submission of your answer file
Use this step to verify that you are uploading the correct answer file to the correct course
and assessment number.
 Click on the Continue button to submit your answer file. If you do not click Continue,
no submission action will take place.
 Large files will take longer to upload than smaller files. Please be patient after you’ve
clicked Continue.
 If the wrong details, e.g. file name, appear on the screen, click Back to restart the
file upload process.

Step 3: Assessment submission report

This is your proof that your answer file was submitted. It is advisable to print this page or
make a screen capture for record purposes. A copy of this page will also be emailed to your
myLife email account.

5.4 Preparing your answer file

 Page 3 of 5

5.1. Your answer file must contain ALL the pages you want to submit. Do not submit your
scanned pages one-by-one. Each time you upload a file it REPLACES the previous
submission. Only the last file received by Unisa will be marked.

5.2. Do not password-protect your file. A 0 (zero) mark will be assigned.

5.3. The first page should clearly state your name, student number and the module code.
Some modules provide a custom title page. See the examination question paper for
details.

5.4. Number all the pages in your answer file.

5.5. Write with a black pen, not a pencil, if hand-writing the submission.

5.6. Use proper PDF conversion software to create the final file for upload. Free PDF
conversion software is available on the Internet.

5.7. Add your student number and the module code in the file name. That will assist you
to select the correct document to upload during submission.

6. The cover page to your portfolio must include your name, student number and the
module code.

7. It is preferred that your portfolio is typed, however, handwritten submissions will also
be accepted. If the portfolio is typed, the maximum length is 12 Pages (which
includes the cover page and the bibliography). If the portfolio is handwritten, the
maximum length is 16 pages (which excludes the cover page and the bibliography).

8. Whether your answers are typed or handwritten, your submission on myUnisa must
be made in the form of one PDF document.

9. Do no plagiarize anyone’s work. Ensure that you cite authority for all your arguments.

PLEASE NOTE:
If you experience technical problems, of any kind, on the day of the examination and your
examination answers are not submitted by the cut-off time, you will be marked as absent. You
have to apply online to be deferred to the next exam opportunity. No other type of submission
of your examination answers will be accepted.
 Page 4 of 5

QUESTION 1
The major task of the United Nations (UN) is the maintenance of international peace. Its
founding instrument, the UN Charter, prohibits the use of force in the settlement of
international disputes. This it does in article 2(4), whilst article 2(3) places an obligation on UN
member states to settle their disputes through peaceful means with due regard for
international peace and security, and justice. There are four such methods that states could
rely upon to settle their disputes, apart from the judicial settlement, and the use of force. Write
an essay in which you discuss these four methods of peaceful settlement of international
disputes between states.

[25
]

QUESTION 2

Writing in 1909, John Foster extoled Suarez of Spain and Gentilis of Oxford as some of the
luminaries of their time, through whose industry and skill international law principles were
being churned out in Europe.1 Foster credited the rise of nation states in Europe, and the
conclusion of the Peace of Westphalia as the key protagonists in bringing us sovereignty of
states, the sanctity of treaties and diplomacy as we know these concepts today. These and
other international law concepts subsequently found their way to the global south via the
vehicles of colonisation and Christianisation. Fast forward to over a hundred years later,
Foster’s take on the birth and evolution of international law still prevails in mainstream
Eurocentric legal scholarship.

Using Foster’s assertions as a point of departure, write an essay in which you critically argue
for or against Foster’s view. [25]

QUESTION 3

Dabula Republic and Eyethu Kingdom are neighbouring states. The border between Dabula
Republic and Eyethu Kingdom has become the stronghold of a militant organisation, the
Economic Emancipation Platoon (EEP). The latter is openly opposed to the governing
ideology of Eyethu Kingdom, whose view is supported by Dabula Republic. Therefore, Dabula
Republic turns a blind eye to all of W’s activities. Members of EEP keep on acquiring weapons
and stockpiling them at the border. One day, EEP’s members kidnap two soldiers from Eyethu
Kingdom. Eyethu Kingdom considers this to be an act of war, invades Dabula Republic, and
bombs the area at the border and its surroundings. Eyethu Kingdom justifies its actions by
claiming it has acted in anticipatory self-defence, and that its actions also amount to a lawful
reprisal in terms of international law. Discuss the validity of Eyethu Kingdom’s claim, analysing
the requirements for self-defence contained in article 51 of the UN Charter, as well as those
of lawful reprisal. [25]

1
Foster J ‘The evolution of international law’ (1909) Yale Law Journal XVIII (3) 149 – 164, 152.
 Page 5 of 5

QUESTION 4

A former European head of state, Mr Bulala Rumanof, now resides in Lesotho, thanks to the
proceeds of many years of corruption when he was president of the small European country
called Rumania Republic. During his tenure, Mr Bulala Rumanof controlled all media houses,
ensuring that his transgressions were not widely reported on. He was notorious for issuing
orders for police to kill or disappear his political opponents and for the assets forfeiture unit to
take over the businesses perceived to be competition to many business entities in Rumania
Republic. Following a coup in Rumania Republic, Mr Bulala Romanof hurriedly escapes and
settles in Lesotho and soon a warrant is issued by Lesotho courts for his arrest on the grounds
of crimes against humanity and misappropriation of state assets.

Rumanof claims immunity. Using relevant legislation, case law and developments in
international law, discuss whether or not his claim to immunity is valid on an international level
and what the situation would have been if he had settled in South Africa. [25]

TOTAL: {100}

©
UNISA 2020