International law

Ta Diu Thuong, LLM

 Objectives
Part I: Public Law
 Definition
 Subject and objects
 Principles
 Specific issues of interest
Part II: Private International law
 Case-study
 Subjects and subject matter
 Vietnamese regulation
 I.2: Subjects and subject-matter
Subjects:
a. States
 Part I.1 - Definition
Roman empire: “Jus gentum” to deal with Empire
and its colonies
Spain - 16th century --> “Law between nations”
UK - 19th Century --> Bentam used “International
law”
Vietnam - use of widely accepted western
terminology.
==> A branch of law comprising of legal
regulations, established by nations and other
“players” based on mutual consent,
cooperationship and equality, to regulate
various (mainly political) issued between them
 II.3: Main principles
 They are ideas, political views to lead
the international law build-up and
performance process.
 They are the main, the recognized and
most widely accepted legal principles
using in international relations today.
 UN Declaration on Principles of IL 1970
provides with 07 main principles:
 II.2: Subject and objects
Subjects:
• Nations - main type.
• Nations in fight for independence
• International organizations
2. Objects:
• National territory
• Cooperationship
• Omission of actions - Nations reject to act,
e.g nutural treatment, human rights…
 I.4: Specific issues of interest
1. International agreements - on interests and will of
nations in order to establish, change or terminate rights of
obligations of IL subjects.
•Vietnam adopted Law on Signing, entrance and
execution of international agreements 2005. Constitution
1992 gives rights of ratification to President. Government
can sign, participate and ratify international agreement on
behalf of Governments.
2. Territory - mainland, marine and space. Certain
issues are subject to internal regulations, other are
negotiated via international agreements.
3. Imigration: closely connected with previous two.
4. Diplomatic and consulate: regulate official
national activities in foreign affairs. Immunity
5. International organizations: Vietnam became
UN member since 1978. In 2007 Vietnam also
became chairman of
6. International humanity: Law on war and Law
on Peace
Principles applied on war declaration and operation
(I), peace (ii) and protection of war victims
Vietnam joined Geneve Convention on protection of
War victims 1949. Vietnam Criminal Code provide
certain punishments for war facilitation and
propoganda, maltreatment of prisoners surrenders.