INTERNATIONAL LAW & JUSTICE

INTERNATIONAL LAW & JUSTICE

QUESTION 1

“International law is in a primary sense, law made by sovereign states, to govern sovereign states.” a) In view of this, critically examine the sources of international law. [ 10 Marks ] b) What is the scope and application of international law? [ 5 Marks ] c) Explore the need to rethink the traditional sources of international law. [5 Marks ] d) Discuss the challenges that impede the implementation on international law. [ Marks]

[Total – 25 marks]

QUESTION 2 “The main demands of the day are to rethink the problems of sovereignty.” _ Boutros Boutros-Ghali, Former UN Secretary. Discuss.

[15 Marks]

QUESTION 3 International law makes expressly provides for the resolution of conflict through pacific means. In this regard, compare and contrast the methods that have been set out for the peaceful settlement of disputes.

[15 marks]

QUESTION 4

The ‘Peace versus justice’ debate has been a central theme when analyzing the politics of international criminal justice. Some have argued that the role of the international courts and tribunals may be portrayed as an obstacle to peace processes but it may as well facilitate those processes. On the other hand, others suggest that the dichotomous debate of peace versus justice is false, as it relies on a dubious and narrow understanding of both peace and justice.

Analyze both sides of this debate indicating in your view, which approach fosters the best opportunity towards a comprehensive reconstruction of post conflict societies. [15 Marks]

QUESTION 5

The theoretical separation of jus ad bellum and jus in bello provides important protection during armed conflict. However, this distinction has been challenged by extreme cases of self defence and the notion of humanitarian intervention, where in the view of some, violations of jus in bello may be warranted. Are their dangers in blurring this distinction or is time that aspects of jus ad bellum should be considered when applying jus in bello, particularly within the context of conflicts involving non- state actors. [15 Marks]

QUESTION 6

Evaluate the effectiveness of the UN Security Council.

[15 Marks]

QUESTION 7

“There is no right under international law for an entity to be recognized as a state or its government to be recognized as such. Neither is there a duty incumbent upon a State, under international law, to recognize an entity as a State or its government. However, there are several international and municipal law consequences that flow from an act of recognition of a State or its government.” ANONYMOUS

In light of the above assertion, discuss the international and municipal law consequences of recognition of a State and a government. [15 Marks]

QUESTION 8

Answer any of the following questions:

a) Set out the circumstances in which a state is entitled to use armed force. [15 marks] b) How do the parameters of State and Government differ and to what extent do they overlap? [15 marks] c) Explain under what circumstances the ICJ has jurisdiction to settle an inter- state dispute. [15 Marks]

UNIVERSITY OF NAIROBI

College of Humanities and Social Sciences

Institute of Diplomacy & International Studies

DIS 520: INTERNATIONAL LAW

ANSWER FOUR QUESTIONS. QUESTION 1 IS COMPULSORY

QUESTION 1

“International law is in a primary sense, law made by sovereign states, to govern

sovereign states.” 

a) In view of this, critically examine the sources of international law. [ 10 Marks]

b) What is the scope and application of international law? [5 Marks]

c) Explore the need to rethink the traditional sources of international law. [5 Marks]

d) Discuss the challenges that impede the implementation on international law. [5

Marks] 

[Total – 25 marks]

QUESTION 2

“The main demands of the day are to rethink the problems of sovereignty.” _ Boutros

Boutros-Ghali, Former UN Secretary. Discuss.

[15 Marks]

QUESTION 3

International law makes expressly provides for the resolution of conflict through

pacific means. In this regard, compare and contrast the methods that have been set out

for the peaceful settlement of disputes. 

[15 marks]

QUESTION 4 

The ‘Peace versus justice’ debate has been a central theme when analyzing the politics

of international criminal justice. Some have argued that the role of the international

courts and tribunals may be portrayed as an obstacle to peace processes but it may as

well facilitate those processes. On the other hand, others suggest that the dichotomous

debate of peace versus justice is false, as it relies on a dubious and narrow

understanding of both peace and justice.

Analyze both sides of this debate indicating in your view, which approach fosters the

best opportunity towards a comprehensive reconstruction of post conflict societies.