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The research paper was submitted in partial fulfillment of the requirement for the award of LLB at Makerere University School of Law 2022. The paper interrogates the Consent Requirement of the International Court of Justice. The paper manoeuvres the delicate balance between consent as ancillary to state sovereignty and consent as a tool to achieve sovereign equality. Ultimately, the sustainability of International Law - as protected by the International Court of Justice, remains inextricably linked to state consent.
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An Introduction to International Law, Thomson Reuters
This chapter introduces the reader to the evolutionary history of international law along with setting the history between the Orient and the Occident. It tackles the evolution of international law in the Orient debates in regard to treaties, diplomatic relations and jus ad bellum in ancient civilisations Near East and others. It provides a deeper reflection on the underrepresented Orient in the history of international law. The chapter explores the Eurocentric origins of international law through the standard of civilisation debates. The Occident history is traced from the Peace of Augsburg, Grotius's influential works and the Peace of Westphalia.
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(2011) 2:4 Transnational Legal Theory 537
The nature of jus cogens has been an intellectual puzzle for international law academics to date. This article explores why an explanation of jus cogens lies beyond the formal sources of international law and cannot be reduced to either constitutional or public order explanations alone. It argues that jus cogens norms should instead be understood as shaped by the common good of the international community, and particularly as fundamental legal means for the international community to be able to achieve, or coordinate towards, this common good. If jus cogens norms are understood as arising from the normative commitments that states make by necessary implication for the achievement of the shared objectives and goods of the international community, then it becomes clearer why they would be both constitutive and public order in nature—supporting what Hersch Lauterpacht refers to as the reason for being of the international community.
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International Community Law Review
This article explores Lauterpacht’s understanding of state sovereignty and its importance today. To this end, it presents intellectual roots of Lauterpacht’s legal thought that is both negative inspiration of his teaching (legal positivism) and the leading role in his work of Grotian and Victorian tradition embodying ideas of natural law, liberalism and progress, supported by Kelsen’s epistemology. Lauterpacht rejects legal positivism, which underlines a freedom of action of states, and, consequently, dependence of international law on state sovereignty. What he deems as relevant is the inverse dependence ‐ sovereignty stems from international law. The idea of sovereignty performs an important cognitive function by indicating the absence of legal interdependencies between states. Sovereignty is not an absolute, rigid category, but a bundle of rights conferred on states by international law. Such a nominalist approach to sovereignty is today noteworthy all the more because it counter.
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bepress Legal Series
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This article addresses the legal history of South Africa, a so-called mixed jurisdiction. This is explained by the colonial history and the change from Dutch to British rule. However, every African country will by necessity have a mixed jurisdiction as the colonisers introduced their own law and for pragmatic administrative reasons to a certain degree gave recognition to local law. One result of this recognition has been that the interference with and adaptation of traditional laws by colonial administrators transformed the existing indigenous law into the new form of the so-called colonial indigenous law which co-existed with traditional indigenous law providing another layer in the onion of the law of the South. However, harmonisation in the global world should be limited to the primary fields of the law dealing with economic transactions. Harmonisation is not unification, but should recognise diversity within a framework set out by communal principles. The history of South African private law shows that such objective is achievable. The British method introduced in the Cape colony and subsequently in the Union consisted in the introduction of institutions, structure and process; by placing the focus on legal procedure instead of values, law has become the language of debate between conflicting legal cultures and succeeded in keeping the balance in society. Thus, cross-economical transactions may pave the way for cross-cultural harmonisation as abstract choices between value systems and the consequent conflict are avoided.
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