National law Public int’l law

- constitutional law - int’l law on consular and diplomatic

- administrative law relations
- penal law - int’l law on civil aviation
- civil law - int’l law on human right
- commercial law - int’l law of the sea
- financial law - int’l law of the treaty
- land law - int’l enviromental law

- Internal relations within state territory - International relations

(mostly) -States, IGOs, People to Self -
- Individuals, Corporations, State determination...
Agencies... - No law making bodyPIL comes from
-National law making body: international agreements
Parliament, CongressNational - No law enforcement bodySubjects
Assembly.. enforce PIL by their own action (Self
-National law enforcement body: a enforcement mechanism)
judicial system police and military

WEEK 2
1. Concept of sources of international law
Why to study sources of intertional law?
- Binh Minh 02 and Viking II case:
acts of chinese ships?
- Hoang Sa and Truong Sa archipelagos?
Every state has the right to establish the breath of its territorial sea up to a limit not
exceeding 12 nautical miles, measured from baselines.
- In a municipal legal system, sources may be identifiable in the form, ex, of
Parliamentary legislation or judicial decisions.
- In international law, There are no law-makers, nor a proper system of courts to
interpret and extend the law.
=> Rules and norms of any legal system derive authority from their sources. The
"sources" articulate what the law is and where it can be found
Article 38(1) of the ICJ Statute
1. The Court, (...), shall apply:
(a) International conventions, whether general or particular, establishing rules
expressly recognized by the contesting states;
(b) International custom, as evidence of general practice accepted as law;
(c) The general principles of law recognized by civilized nations;
(d) Subject to the provisions of Article 59, judicial decisions and the teachings of
the most highly qualified publicists of the various nations, as subsidiary means for
the determination of rules of law.
(e) Resolutions, declarations of international organizations (f) Unilateral legal act
of States
2. International treaties
2.1. Concept of treaties
1969 Vienna Convention on the Law of Treaties
For the purposes of the Convention, "Treaty" means an international agreement
concluded between States in written form and governed by international law,
whether embodied in a single Instrument or in two or more related instruments and
whatever its particular designation (Article 2, § 1 (a)).
1. Treaties concluded or acceded to by the Socialist Republic of Vietnam mean
agreements in written form concluded or acceded to in the name of the State or in
the name of the Government of the Socialist Republic of Vietnam with one or
more states, international organizations or other subjects of international law,
regardless of their tittles, such as treaty, convention, agreement, covenant,
arrangement, protocol, memorandum of understanding, exchanged diplomatic note
or other titles (Law of treaties 2005).
2. Treaty means an agreement in written form concluded in the name of the State
or in the name of the Government of the Socialist Republic of Vietnam with a
foreign contracting party, that create, change or terminate rights and obligations of
the Socialist Republic of Vietnam under international law, regardless of its title,
such as treaty, convention, pact, covenant, agreement, protocol, memorandum of
understanding, note or another title.

3. Foreign party means a state, an international organization or another entity

recognized as an entity of international law (Law of treaties 2016).
2.2. Conclusion of treaties
What is a treaty?
Definition
"treaty":
- Means an international agreement concluded between states
- in written form and governed by international law, whether embodied in a single
instrument
- or in two or more related instruments and whatever its particular designation.
Characteristics
- Subjects
- Agreement in written form
- Governed by international law
- Single instrument or two or more related instruments
- Whatever its particular designation
2.2.1. The authority to conclude a treaty
The principle that heads of State, government and Ministers for Foreign Affairs
can represent their States without providing full powers has been confirmed by the
International Court of Justice (ICJ):
Bosnia and Herzegovina vSerbia and Montenegro (1996) ICJ (Case concerning the
Application of the Convention on the Prevention and Punishment of the Crime of
Genocide). o Cameroon v. Nigeria; Equatorial Guinea Intervening (2002) ICJ
(Land and Maritime Boundary between Cameroon and Nigeria)
Ex post facto authority to conclude a treaty (Article 8 VCLT)
An Act relating to the conclusion of a treaty performed by a person who cannot be
considered under Article 7 as authorized to represent a State for that purpose is
without effect unless afterwards confirmed by that State.

2.2.4. Entry into force

The manner and date on which a treaty will enter into force depend on what is
stated in the treaty or otherwise agreed by the State parties.
Failing any such provision or agreement, a treaty enters into force as soon as
consent to be bound by the treaty has been established for all the negotiating
States.
In practice, it is normal for a treaty to specify a particular date upon which it will
enter into force.
In most bilateral treaties, entry into force occurs upon the signing or ratification of
the treaty.
2.3. Reservation of treaties

2.3.1. General rules

Article 19(1) of the Convention determines the types of reservation that States
might formulate thus: a State may, when ratifying, acceding, approving or
acceding to a treaty, formulate a reservation unless:
(a) the reservation is prohibited by the treaty;
(b) the treaty provides that only specified reservations, which do not include the
reservations in question, may be made; or
(c) in cases not falling under sub-paragraphs (a) and (b), the reservation is
incompatible with the object and purpose of the treaty.
2.3.1. Legal effects of reservation and objections to reservations
Suppose that State A has formulated a reservation that excludes the application of
Article 100 of Y Treaty to itself, which reservation State B has accepted.
However, States C, and D oppose the entry into force of Y Treaty altogether
between them and State A. o State E objects to the reservation to Article 100, but
does not oppose
Treaty Y entering into force between it and State A.
Other States have no objection to the reservation.
2.3.1. Legal effects of reservation and objections to reservations Article 21(2)
states that the reservation does not modify the provisions of the treaty for the other
parties to the treaty inter se'.
Under Article 21(3): when a State objecting to a reservation has not opposed the
entry into force of the treaty between itself and the reserving State, the provisions
to which the reservation relates do not apply as between the two States to the
extent of the reservation.
→ Under Article 20(5): For the purposes of paragraphs 2 and 4 and unless the
treaty otherwise provides, a reservation is considered to have been accepted by a
State if it shall have raised no objection to the reservation by the end of a period of
twelve months after it was notified of the reservation or by the date on which it
expressed its consent to be bound by the treaty, which ever is later
Unit 3: States in International Law