International Law
SEMESTER 2, 29th APRIL 2024 Answer TWO questions only. There are SEVEN questions on this paper. Word Limit – 1250 words per question (+/- 10%) OSCOLA referencing (footnotes) and bibliographies are not required. Deadline: 8.30am, 30th April 2024 Your answers to the questions must be typed into a single Microsoft word document. ____________________________________________________________________ 1. “The difficulties encountered in establishing the existence of rules of customary international law mean that treaties are to be preferred as a clearer source of international law/” Critically discuss the validity of this statement. 2. Critically assess the extent to which the process of recognising states is declaratory or constitutive in nature. 3. “The only non-controversial basis for states’ exercise of criminal jurisdiction is the territorial principle.” Critically assess the validity of this statement. 4. “Diplomatic modes of settling disputes between states are always to be preferred over judicial settlement.” Critically discuss this statement. 5. “Although international law differs from domestic systems of law in many respects, there should be no doubt that it still represents a system of law.” Critically discuss this statement. 6. Critically discuss the extent to which there is a general right of secession under international law arising from the principle of self-determination. Page 1 of 2 7. “Permitting states only to exercise force in self-defence following an armed attack would be far too restrictive, and Article 51 of the UN Charter should be read as permitting action in anticipation of an armed attack.” Critically discuss this statement. Page 2 of 2
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