Answers
Public International Law Exam Questions and Answers
- Course
- Public International Law
- Institution
- University Of The Witwatersrand (wits)
Public International Law 2018 Exam and Memo
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1PUBLIC INTERNATIONAL LAW (LAWS3030) CLASS TEST 1
24 AUGUST 2018
TOTAL: 25 MARKS [WEIGHS: 25%]
MEMO
Please note that this is a guide to the lecturers. Lecturers had discretion
especially when it comes to the theory questions
Student responses must be clear, complete, understandable and appropriate
Students should study the memo carefully and consult study notes on SAKAI
addressing some of the questions, so that you come prepared for any consultation
on the test with your respective lecturer
The course coordinator WILL NOT deal with her colleague’s students to discuss
their scripts
Please note that the scripts were marked by the allocated lecturer irrespective of
what students wrote on the script cover
1. From a contemporary view point, how would you define international law and how is
this definition different from Prof Dugard’s definition? [2 Marks]
Contemporary definition (1)
“[PIL] covers relations between states in all their myriad forms, from
war to satellites, and regulates the operations of the many international
institutions.” OR “a body of rules & principles that regulate the
conduct of States & of international organisations in their relations
with one another and with other persons such as private individuals,
minority groups & transnational companies” OR “rules and principles
that regulate States’ interaction with one another & with other subjects
of IL”
Dugard’s definition/how it differs from contemporary definition (1)
“a body of rules & principles which are binding on states in their
relations with one another”
The difference: Dugard refers only to states in the definition / doesn’t
include international organizations OR doesn’t refer in the definition to
other IL subjects beyond states
Notes:
– This question required students to distinguish between the two definitions.
, 2
– Some students lost marks by confusing the definitions OR by providing an
incomplete contemporary definition OR completely ignored the part of the
question on Dugard
2. There are different viewpoints on whether international law is really law. Identify and
explain two of these viewpoints [3 marks]
Identify any two of the following and explain from skeptics and supporters on
each as was taught in class and put on SAKAI (1.5X2)
soft law/not law (definition of law/system of law)
enforcement mechanisms
prevention/control mechanism
coincidence of conduct
proximity to the individual
Notes:
– This question is NOT about incorporation of IL into domestic law or general
distinction between IL and domestic law per se.
– Critiquing the legitimacy of international law does not necessarily imply it is
not law per se; hence, the question is not about a discussion of critical
theories such as TWAIL
– This question required clear identification of the thematic viewpoints to be
discussed followed by adequate discussion/explanation.
– The supporting and rebuttal arguments on the same thematic issue are not
two DIFFERENT viewpoints, because you need the supporting and rebuttal
argument in order to adequately discuss each viewpoint.
– Some students lost marks by not first clearly identifying the thematic
viewpoints OR by discussing the same thematic issue (supporting and
rebuttal arguments) as different viewpoints OR by not discussing both the
supporting and rebuttal arguments.
3. In your own words, why was it important for the Contributionists such as Judge Elias
to decide to assert Africa’s contribution to International Law? [3 marks]
State the following three (1)X3
To uphold the dignity, identity and self-determination of Africans as
equal to others
To end persistent prejudice that Africa had no history
To dispute the notions of western and white supremacy as represented
by colonial rule and other forms of Western subjugation and power
over Africa
Notes:
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