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Name of the Module: International Economic Law

Module Code: MIL5902

Assignment: Assignment 1 Question

Academic Year: 2024

Department: Public, Constitutional and International Law

Open Rubric
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1. General Guidelines

NB: Two compulsory assignments must be submitted to gain admission to the

examination. These compulsory assignments will count 20% towards a student’s final mark for
the module. How will this work? Your final mark for the module will be a combination of your mark
for the assignment and your exam mark. The examination paper still counts 100 marks, but the
exam mark contributes only 80% towards the final mark. Both assignments contribute 20%
towards the year mark, while the examination will contribute 80%.

Only students who submit the two compulsory assignments in time (on or before the due date)
will be admitted to the examination. Students who do not submit the compulsory assignments on
or before the due date will not gain admission to the examination. In the past, students submitted
one assignment and were surprised to be disqualified from writing the examination. Do not make
this mistake.
Earlier in this tutorial letter we referred you to the purposes and outcomes of this module (5 in
all). In the assessments, you should demonstrate the following competencies to prove that you
have achieved (or, realised) these outcomes.

The competencies:
Practical competencies: You should be able to demonstrate an ability to relate theory to practice
and vice versa. You should demonstrate advanced information retrieval and processing skills.
You should demonstrate a capacity to manage learning tasks autonomously, professionally and
ethically and to exercise personal responsibility and to take initiative. You should be able to
demonstrate an ability to effectively present and formulate answers in a logical, coherent manner.

Foundational competencies:
You should demonstrate a comprehensive and systematic knowledge base in International
Economic Law, and a coherent and critical understanding of the theory relevant to International
Economic Law. You should demonstrate a capacity to reflect on your own practices and
demonstrate a legal awareness to improve your legal skills along with your theoretical
knowledge of International Economic Law.

General
Research, whether it is legal research or in any branch of the humanities, is a specialised skill.
Writing-up one’s research findings also calls for a particular skill. It is unfortunately a fact that
contrary to popular belief, writing in general and writing a research paper in particular, is no easy
task. It calls for practice, resulting in a number of drafts on paper committed to the dustbin or
deleted on the computer. In short, it is virtually impossible for anyone to complete an essay- type
assignment in one go. Such “rash” efforts usually show in the quality of submitted papers and
poor marks obtained.

We regard assignments as one of the primary methods of instruction (see below for the
assessment criteria set out as an introduction to the assignment questions). Assignments afford
us the opportunity to evaluate your ability to do research, to present your arguments, and to write.
Past experience has shown that a number of students are uncertain about what is expected of
them.

At the risk of sounding somewhat patronising, we should like to suggest the following four (4)
indispensable elements of a successful assignment that you need to keep in mind:
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Correct identification of the problem. This may sound rather obvious, but experience has
shown that failure to determine precisely what is being asked and to answer the question
accordingly, is the single most important reason why students obtain poor marks both in
the assignment and the examination. For this reason, we suggest that you preface your answer
with an introduction in which you set out briefly what you regard as the issues to be addressed
and how you propose dealing with them. If you are not sure whether you have interpreted the
question correctly, please (and for goodness sake) contact us and ask!

Proper research. In practical terms, this means consulting and using every relevant source
that you can lay your hands on. Gone are the undergraduate days when two books or
articles formed the sole basis of an assignment. Unisa has an excellent library with willing staff
who will assist you in retrieving information.

Honest recognition of sources. This should be done by way of footnotes. The provision of a
mere bibliography at the end of the work is insufficient and will be penalised. Recognition of
sources also means ascribing an author’s viewpoints and research to him or her. It sometimes
happens that even at postgraduate level a student uses the references of another author and
presents them as his or her own. If you have not checked a reference yourself, either because
you did not have access to it or for another reason, give credit to the source where you first
found the reference (in other words, if you refer to some hard-to- come-by Indian or Canadian
case, brought to your attention by Professor So-and-So in one of his/her numerous articles,
you have to indicate that you refer to the case as quoted by the Professor).

Plagiarism
Plagiarism is explained rather elegantly to occur “when one uses the words, ideas and thoughts
of another, giving the impression that they are your own. Plagiarism is a form of theft that
manifests itself in various dishonest academic activities”.

However, to explain the concept in blunt terms: “Plagiarism is theft’ – you are stealing
someone else’s ideas OR THE WAY THEY HAVE EXPRESSED THESE IDEAS!! In other words,
if you choose to write out the study guide in your answer to an assignment, this is NOT your work
– it’s the author’s. The only way that this is acceptable (and then only if it is a short phrase) is if
you put our words which you choose to copy in inverted commas [“...”]. Think about it – we want
to know what YOU know/think, not what we think (we generally know that in any event)”.

The Disciplinary Code for Students (2004) is supplied to all students on registration. Students are
advised to study the Code, especially Sections 2.1.13 and 2.1.14 (2004 3-4). Please also read
the University’s Policy on Copyright Infringement and Plagiarism.

Evaluating your sources. You need to evaluate/assess/weigh your sources and then state your
own position. In other words, you have to make some kind of contribution yourself. It is not enough
to recite the views of others without giving an indication of what weight you attach to those views.
The expressions “critical assessment” or “critical analysis” are probably the best summary of what
we have in mind. Or, to put it simply, and to use the language of the lawyer, to “evaluate your
sources” means to “argue your case convincingly”.

Please note:
Although students may work together when preparing assignments, each student must write
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and submit his or her own individual assignment. In other words, you must submit your own ideas
in your own words, sometimes interspersing relevant short quotations that are properly referenced.
It is unacceptable for students to submit identical assignments on the basis that they worked
together. That is copying (a form of plagiarism) and none of these assignments will be marked.
Furthermore, you may be penalised or subjected to disciplinary proceedings by the University (see
above regarding the note on plagiarism).

Please note further:

It has become impractical for us to offer to look at draft answers before you submit the
assignment, as was the practice in the past. You are welcome to consult us before submitting
you answer, as always, but “trial runs” are no longer possible.

The assignments

The marking/grading rubric for BOTH assignments

Each assignment is out of 50 marks. In these assignments we will assess:
1. The content itself.
2. Your writing skills, language skills and technical presentation using the rubric below.

Technical and other aspects: 5 Marks

A. Table of contents included is technically correct.
B. You Inclusion of the compulsory technical requirements for the assignment.

Understanding, identifying and answering the problem posed in the assignment: 30 Marks
A. Excellent identification and understanding of the assignment question.
B. Satisfactory discussion of the law (books, articles, cases, international legal
instruments e.t.c).

Language: 05 Marks
A. Excellent formulation of the language
B. Language is clear and unambiguous

Structure of the entire discussion: 05 Marks

A. Excellent, logical and chronological flow of the proposed structure of
the assignment.

Footnotes and bibliography: 05 Marks

The footnote references must be technically correct
All footnotes must end with full stops
The bibliography must be technically correct
All bibliography must end with full stops.

TOTAL: 50 MARKS

NB: If you do not submit both assignments, you will NOT be admitted to the
examination!!! No exceptions
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Some hints on the drafting of an outline

Legal research and writing are a specialised skill (we have said this already, but the point needs
to be re-emphasised) and writing an outline or a research proposal is sometimes more difficult
than writing the essay/report itself.

Your first step is to identify the problem the assignment question poses. Before you start any
research, you must have a clear idea of what it is that you plan to do. This means that you need
to do some reading of your prescribed study material before you even set pen to paper (or
hands to computer) to draft the research proposal.

The next step is to outline the problem by giving a brief background statement on where
and why the problem arises, the precise nature of the problem and the current state of the
law on the subject.

You need to plan your overall approach to your research. It is helpful to draw a table of contents
or a series of headings (you will probably change this as your research progresses) as it helps
you organise your thoughts and determine what notes you need to take during your research.
(Again, setting out headings will only be possible if you have consulted your material at hand.)
Your table must reflect a systematic exposition of the material that you have consulted and your
own (tentative) thoughts and conclusions on the assignment question.

NB!!!The assignments must not exceed 3500 words or 15 pages including your table of
contents and bibliography. Please note that the system will not allow you to submit/upload
the assignment if the word limit is exceeded. Both assignments must be typed in Arial font
12, in at least 1.5 spacing, justified, 2.5 margins, font 10 in footnotes. To insert a footnote
in a document: “Ctrl Alt and F” or use the menu: Insert Reference Footnote, click
“Footnote” followed by “Insert” – a footnote screen appears, and you may type in the
footnote text.

The assignments must be submitted to the University (not directly to us) with the properly-
completed covering sheet. Disregard of this request may result in a long delay in returning the
marked assignment to you. Appropriate headings should be used. An assignment without
headings will be negatively affected. Your answer should not exceed the prescribed length. An
answer that substantially exceeds this limit may be sent back to be reworked.

2. ASSIGNMENT 01

The assignment is a research proposal which is an outline of the second assignment. A

research proposal should contain the following elements: DO NOT CHANGE OR OMMIT
THESE HEADINGS IN YOUR ANSWER, BUT YOU CAN ADD NECESSARY ONES!

Your research proposal must contain a title page reflecting the following:
i) A title (This should be in the title page only, see annex 1 below)
ii) Table of contents
iii) Declaration of academic honesty
iv) Keywords
v) Abbreviations and acronyms

The research proposal must contain the following headings:

1. Introduction
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2. Problem statement
3. Research question(s)
4. Aims and objectives
5. Mini Literature Review
6. Indication of the importance/significance of the study.
7. Research procedures/methodology.
8. Conclusion
9. Bibliography

SET OF FACTS FOR ASSIGNMENTS

ASSIGNMENT 01 QUESTION (50

MARKS)

The African Growth and Opportunity Act (AGOA) has been at the core of U.S. economic policy
and commercial engagement with Africa since its enactment in 2000. AGOA provides eligible
sub-Saharan African countries with duty-free access to the U.S. market for over 1,800
products, in addition to the more than 5,000 products that are eligible for duty-free access
under the Generalised System of Preferences program.
To meet AGOA’s preferential eligibility requirements, countries must establish or make
continual progress toward establishing a market-based economy, the rule of law, political
pluralism, and the right to due process. Additionally, countries must eliminate barriers to U.S.
trade and investment, enact policies to reduce poverty, combat corruption, and protect human
rights.

In light of the above facts, select your own title, and write an opinion in a form of a
research proposal using these facts above and critically discuss whether AGOA has
brought any significant economic changes in the Sub-Saharan African Countries.

NB!!! Assignments without reference (footnotes and bibliography) will be

graded at zero because it will be treated as plagiarism.