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LAW 201024977
Sep 17, 2023
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9/17/23, 11:54 AM JPU3740_2023_YEAR_O: ASSIGNMENT 1 Public International law 2023 Opened: Thursday, 9 March 2023, 9:00 AM Due: Saturday, 15 April 2023, 11:59 PM Instructions: 1. ANSWER ALL THE QUESTIONS. The Assignment MUST BE TYPED and uploaded in PDF file. 2. Provide a standard cover page (PREFERABLY online mode CILT template), clearly indicating your student number and mode of study. 3. This assignment must be completed INDIVIDUALLY. 4. Refer to applicable authorities and sources. Mere citation of authorities, without establishing relevance thereof earns no credit. 5. The assignment is due: WEDNESDAY, 29 MARCH 2023 (on moodle at 23H50 pm for Online mode students). NO LATE ASSIGNMENTS WILL BE ACCEPTED. Note: You are required to thoroughly acquaint yourself with the general theoretical framework emanating from these assigned questions for further assessment purposes. Given that this is your first assignment for the year and is aimed to be merely introductory, for starters use the assigned material to guide you in your reflection of the assigned questions. Students may make use of prescribed textbooks, study guide and other related material in answering these questions. You may also consult the following materials as guides in completing the assessment: 1. Charlesworth, H; Chinkin, C & Wright, S.1991. "Feminist Approaches to International Law. American Journal of International Law, vol. 85 (4), pp. 613-645. Available at (Last accessed on 11 February 2023) 2. Mutua, M & Anghie, A. 2000. "What is TWAIL?" Proceedings of the Annual Meeting (American Society of International Law), vol. 94 (4), pp. 31-40. Available at (Last accessed at 11 February 2023). Peters, A. 2017. "The refinement of international law: from fragmentation to regime interaction and politisation". International Journal of Constitutional Law, vol. 15 (3), pp. 671- 704. Available at (Last accessed on 11 February 2023). 3. Tshosa, O. 2011. "The status of international law in Namibian national law: A critical appraisal of the constitutional strategy". Namibia Law Journal. Vol. 1 (1), pp. 1-28. Available at library/get file?uuid=d33467a6-6a38-64d3-82b5- f717dcd306218&groupld=252038 (Last accessed and retrieved on 11 February 2023). 4. Nduenyema, N. 2020. "The Namibian Constitution, International Law and the Courts". Global Journal of Comparative Law, vol. 9 (1), pp. 271-296. Available at 271.xml?language=en (Last accessed and retrieved on 11 February 2023). I8 Assignment 1 Public International law 2023.pdf8 March 2023, 3:02 PM Submission status Submission status Submitted for grading Grading status Graded Time remaining Assignment was submitted 15 days 19 hours early Last modified Friday, 31 March 2023, 4:35 AM 1/4
9/17/23, 11:54 AM JPU3740_2023_YEAR_O: ASSIGNMENT 1 Public International law 2023 File submissions I8 Public International Law Assignment 1.pdf31 March 2023, 4:35 AM 7) Turnitin ID: 2051614443 L rd Submission comments » Comments (2) Feedback Grade 56.00 / 100.00 Graded on Monday, 11 September 2023, 12:27 PM Graded by JE Jack Eixab 2/4
9/17/23, 11:54 AM Feedback comments JPU3740_2023_YEAR_O: ASSIGNMENT 1 Public International law 2023 Dear Student It is important to properly reference your work and acknowledge the authors when using external sources. You need to use footnotes and to acknowledge your sources. Always write the case name/neutral citation in italics, and provide the full citation of the case in a footnote. The Namibian Law Journal referencing style is recommended. You were expected to present original work by consulting several/ different sources (different books, journal articles, cases, statutes/acts, commentaries), find cases relevant to the questions (not only those in the book). You were also expected to engage in a discussion and not only list and explain briefly, refer to case law and specific sections of applicable Acts (cite and rely upon legal authorities —sources of law) to substantiate/ support your answers and demonstrate your understanding throughout the assignment Question 1.1 You were expected to conduct a distinction between public international law from international relations and private law as required. Question 1.2 You should have referred to the various schools of thought on the matter for example natural law and positivism school of thought. There is no reference to philosophers such as Aristotle Cicero, Stoic, Grotius Pufendorf, Kant, Hegel Betham, H.L. Hart John Finnis, John Austin, Joseph Raz and Kelsen. Question 1.3 Your needed to explore the legal philosophies, particularly in the context of international law. It should have references to key legal documents like the Rome Statute, Article 38, and the International Law Commission Report on Fragmentation of International Law to bolster your arguments. Question 1.4 Contrast the differences, if any, between international law and municipal/domestic law. You should have defined what Domestic Law and International Law is. The method of enforcement of this two types of laws. Who these types of laws are applicable to. How these two types of laws are created, enacted and adjudicated. Question 1.5.1 In addressing Feminist perspectives and approaches, it is crucial to include relevant reference materials on feminism to support your analysis and provide a well-rounded perspective on the topic. Question 1.5.2 To fully comprehend this question, you are encouraged to thoroughly read the leading text on this topic; namely, Chimni, BS. 2006. "Third World Approaches to International Law: A Manifesto". International Community Law Review, vol. 8 (1), pp. 3- 27. (Download through University e-resources). Third World Approaches to International Law (TWAIL) is a critical school of thought within international legal scholarship and a political movement. It challenges international law, viewing it as a tool that perpetuates the exploitation of the Third World by the West. TWAIL scholars aim to address the oppressive aspects of international law by examining its colonial foundations. Question 1.6 You were expected to contextualize Article 144 and explain its relevance in the Namibian legal system. Explain its significance in establishing Namibian international law. You should have also mentioned "general rules of public international law" as customary international law. However, it's crucial to understand these general norms. You could have improved your answer by providing instances or scenarios of how these agreements are incorporated into Namibian law through the Constitution. You should have included articles 143, 140 and 63(2)(d) of the Namibian Constitution in your discussion. How National Assembly must comply with fulfilling of its mandate as set out in Rule 65 of the Standing Rules and Orders. 3/4
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