QUESTION 2

Legal positivism dictates that International Law is premised on a subject differentiation between international and municipal rules. Positivism accordingly views international law as a set of rules with States as its original subjects as opposed to municipal law that views natural persons as its primary subjects.

Required: Critically evaluate this statement and provide a legal reasoned opinion on the accuracy thereof with specific reference to the exclusion of natural persons as subjects of International Law. (25)

QUESTION 3

Relations between Iran and Israel have been tense and there is growing speculation that Israel may launch a military strike against the nuclear facilities of Iran after a threat of nuclear war made against Israel by Iran's president Ahmadinejad.

Required: Evaluate this statement and the enforcement measures that exist in International Law. Evaluate both those measures that involve the use of armed force and those that do not involve the use of armed force with specific reference to the legality of pre-emtive selfdefence in International Law. Ensure that your answer deals with issues of conflict between States and between States and nonState armed groups. (25