1.

Luật tư quốc tế là một phần của Luật công quốc tế

(Private International Law is a part of Public International Law)

SAI . ( FALSE)

If we examine it from a legal perspective, the assertion that 'Private

International Law is a part of Public International Law' is incorrect. Private
International Law (PIL), also known as Conflict of Laws, and Public International
Law (PIL) are two distinct fields within the realm of international law.

- Private International Law (PIL): This field of international law primarily

focuses on rules and principles to resolve legal disputes involving
different countries. PIL often deals with issues related to marriage,
contracts, inheritance rights, and legal relationships between private
individuals.
- Public International Law (PIL): Conversely, this field primarily concerns
relations between countries and international organizations. Public
International Law includes principles and rules of international
significance, such as the United Nations Charter, addressing issues like
international authority, peace, and global security.

However, both fields are related to international matters and may interact in
certain cases. They frequently collaborate to address legal issues related to
both private relationships and the relations between countries."

2. Hội đồng Bảo An LHQ là cơ quan hành pháp của LHQ

(The Security Council is the executive of The United Nations)

FALSE - Article 24, 39, 40 and 41 of the United Nations Charter

Security Council is not considered an executive of the United Nations because:

- Duties and responsibilities of the executive: The executive is to enforce the law,
to ensure that the law is enforced.

- However, the Security Council is only responsible for maintaining international

peace and security (article 24) and has the right to investigate threats to only
international peace (article 39), arrange mediation in conflicts and request UN
member states to enforce economic, diplomatic and military sanctions (article
40, 41)
→ Although its functions are similar to those of the executive, the Security
Council shall not intervene in the affairs that are not international. Therefore, it
is not totally an executive because of its limited scope.

3. Đại Hội Đồng là cơ quan lập pháp của LHQ

(The General Assembly is the legislature of the United Nations)

FALSE

- Art 2.1 “The Organization is based on the principle of the sovereign equality of
all its Members” → The law-making mechanism of International Law is built by
the states by their own agreement, so there is no separate legislative body in
International Law

- Art 10 of Uncharter: The functions and powers of the General Assembly are
enshrined in the United Nations Charter "The General Assembly may discuss
any questions or any matters within the scope of the present Charter or
relating to the powers and functions of any organs provided for in the present
Charter, and, except as provided in Article 12, may make recommendations to
the Members of the United Nations or to the Security Council or to both on any
such questions or matters."

→ It does not give the General Assembly the power to draft and issue
international legal regulations to ex bind states.

4. Một quốc gia trong bất kỳ trường hợp không được tham gia và công việc
nội bộ của quốc gia khác

(A state, under any circumstances, shall not interfere in internal affairs of other
states)

FALSE

Theo nguyên tắc của LQT , các qgia không được can thiệp vào công việc nội
bộ của quốc gia khác . Tuy nhiên , nguyên tắc này có những ngoại lệ

Ví dụ : Ngoại lệ về vấn đề can thiệp nhân đạo . Khi 1 qgia có hành vi vi phạm
nhân quyền nghiêm trọng hoặc có khả năng xảy ra những thảm họa nhân đạo
thì các quốc gia khác có quyền can thiệp để bảo đảm nhân quyền cho người
dân

In Art 2.7 UN charter “ The Organization shall ensure that states which are not
Members of the United Nations act in accordance with these Principles so far
as may be necessary for the maintenance of international peace and security”

→ According to the principles of International Law, states must not interfere in

the internal affairs of other states. However, there are exceptions to this rule: on
the matter of intervention humanitarian . When a country commits a serious
human rights violation or there is a possibility of humanitarian catastrophe,
other countries have the right to intervene to ensure the human rights of its
people.

5. Một quốc gia trong bất kỳ trường hợp không thể viện dẫn Luật nội địa như
là 1 lý do vi phạm nghĩa vụ theo ĐƯQT mà QGia đó là thành viên

(A state in any circumstances can not invoke its municipal law as a reason to
violate obligations under Treaties in which it is a member State)

FALSE - Article 46 of the Vienna Convention 1969

A State may not invoke the fact that its consent to be bound by a treaty has
been expressed in violation of a provision of its internal law regarding
competence to conclude treaties as invalidating its consent unless that
violation was manifest and concerned a rule of its internal law of fundamental
importance (violation that is objectively evident to any State conducting itself
in the matter in accordance with normal practice and in good faith)

6. Theo Luật QT hiện đại, một quốc gia không được sử dụng vũ lực trong bất
kỳ trường hợp nào

(According to modern international law, a state shall not be entitled to use

armed force for any reasons)

FALSE - Article 51, 39, 40, 41, 42 of the UN Charter

This principle enshrined in Paragraph 4 , Article 2 of the Charter of the United

Nations demonstrates that the use of force or the threat to use force should be
strictly prohibited and eliminated in international relations. However, there are
exceptions to the rule that states are still allowed to use force in two cases:

+ Legitimate self-defense (recognized in Article 51 of the UN Charter)

+ According to the decision of the United Nations Security Council when there
is a threat to peace, breach of peace or invasion (Articles 39 to 42)

16. A State which is a subject of International Law always have fully four
components including a permanent population; a defined territory; an
effective government; and capacity to enter into relations with other states

- Article 1 of the Montevideo Convention 1933:

The state as an international person should possess the following
qualifications: “(a) a permanent population; (b) a defined territory; (c)
government; and (d) capacity to enter into relations with other states” (However,
such provisions are neither exhaustive nor immutable).
● The existence of a permanent population:
● Defined territory
=> These are two mandatory elements. If one of these two elements is missing,
the entity cannot be recognized as a country.
● Government:
○ Not a precondition for recognition as an independent country;
○ A foundation of effective control is required for statehood, but the loss
of control by the central authorities in an independent state will not obviate
statehood.
● The capacity to enter into relations with other states:
○ Indication of recognition by other countries;
○ It is essential for a sovereign state to be able to create such legal
relations with other units as it sees fit;
○ Indication of state’s independence;
- Neither an effective government nor the recognition of other states is
required for an entity to achieve national status. The fact is that many
countries without a government (such as countries fighting for independence,
and countries with national liberation movements) are still recognized as a
country, based on the principle of ethnicity, and self-determination.
Recognition from other countries is now in many cases only political and legal,
whether or not it is recognized, the national status of a country is irrefutable
(having subject status in international law), becoming a member of the UN
General Assembly), the recognition only plays the role of establishing some
additional rights and obligations between that country and the recognition
country (diplomatic, consular).
1. Only coastal states have rights to exploit resources in their own exclusive
economic zone.
FALSE - Article 62 of the UNCLOS 1982
The coastal State shall promote the objective of optimum utilization of the
living resources in the exclusive economic zone. Nationals of other States
fishing in the exclusive economic zone shall comply with the conservation
measures and with the other terms and conditions established in the laws and
regulations of the coastal State.
→ States that are not coastal States can also exploit living resources in the
EEZ of other coastal States and coastal States have the obligation to share
living resources in their EEZ.

2. The Security Council can only impose (áp đặt) sanctions not involving the
use of armed force for the purpose of maintenance of international peace
and security.
FALSE - Article 42 UN Charter. Should the Security Council consider that
non-armed imposed sanctions would be inadequate or have proved to be
inadequate, it may take such action by armed forces as may be necessary to
maintain or restore international peace and security.

3. All state vessels enjoy absolute immunity from jurisdiction.

FALSE - Article 95 UNCLOS. Only States’s warships have complete immunity
from jurisdiction.

4. The East Vietnam Sea disputes are under the jurisdiction of the United
Nations
Security Council.
FALSE - Article 24(1), 34 UN Charter. The primary responsibility of the Security
Council is to maintain and protect international peace. Determining whether a
dispute threatens international peace or not is based on the voting
mechanism in Article 27. Therefore, the above dispute does not automatically
fall under the jurisdiction of the Security Council if it is not considered that it
affects international peace and security.

1. Legal regime of the territorial sea is the same as that of internal waters.
- False
+ Article 2 of UNCLOS 1982" The sovereignty of a coastal State extends,
beyond its land territory and internal waters and, in the case of an
archipelagic State, its archipelagic waters, to an adjacent belt of sea,
described as the territorial sea; The sovereignty over the territorial sea is
exercised subject to this Convention and to other rules of international
law"
→ One country has complete and exclusive sovereignty within internal
waters
 + However, territorial sea: this is a portion of the sea situated outside the
internal waters but still under the sovereignty of the respective country.
The provisions of UNCLOS establish a regime of limited sovereignty in
the territorial sea, including the right of innocent passage by foreign
vessels. Article 17 of UNCLOS 1982 - Right of innocent passage" Subject to
this Convention, ships of all States, whether coastal or land-locked, enjoy
the right of innocent passage through the territorial sea"
+ → It is not entirely equivalent to the absolute sovereignty regime of
internal waters
Therefore, according to the legal framework of UNCLOS, the legal regime of
internal waters and the territorial sea is not identical."

2. The Security Council has the responsibility to settle all kinds of

international disputes between States.
FALSE
- According to Article 24 of the UN Charter: The United Nations Security
Council does not have the responsibility to resolve all types of
international disputes between states. The UN Security Council is
responsible for maintaining international peace and security. → The
Security Council has the right to investigate threats to international
peace, arrange mediation in conflicts and request UN member states to
enforce economic, diplomatic and military sanctions but do not have the
obligation to settle.
- Art 37.2 “If the Security Council deems that the continuance of the
dispute is in fact likely to endanger the maintenance of international
peace and security, it shall decide whether to take action under Article
36 or to recommend such terms of settlement as it may consider
appropriate.” → Whether to settle or not shall depend on the Security
Council’s decision.

3. The nation has complete and absolute sovereignty over all parts
constituting the national territory
FALSE - Article 17 of the UNCLOS
Ships of all States, whether coastal or land-locked, enjoy the right of innocent
passage through the territorial sea.
→ The coastal State may adopt laws and regulations relating to innocent
passage through the territorial sea but shall not prevent this right.
→ State sovereignty is limited to some extent in this case.

4. Internal water, territorial sea, contiguous zone, and exclusive economic

zone are all belong to the territory of the coastal state.
FALSE - Article 2 UNCLOS. Only internal water and territorial sea belong to the
territory of the coastal state.