Public International Law 4 Cred

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PUBLIC INTERNATIONAL LAW

DIVISION OF PUBLIC INTERNATIONAL LAW

Module Title: Public International law


Credits: 04
Course type: Compulsory

1. INFORMATION ABOUT LECTURERS


1. Ass.Pro.Dr. Nguyen Thi Kim Ngan – Vice Dean of International Law
Faculty, Hanoi Law University – Head of Module
Email: [email protected]
2. Ass.Pro.Dr. Nguyen Hong Thao - International Law Faculty,
Diplomatic Academy of Vietnam
Email: [email protected]
3. Dr. Nguyen Toan Thang – General Director of Comparative Law
Institute, Hanoi Law University
Email: [email protected]
4. Dr. Hoang Ly Anh – Head of Department of Research Management
and Journal Administration, Hanoi Law University
Email: [email protected]
5. Dr. Nguyen Dang Thang – National Boundary Commision, Ministry
of Foreign Affairs of Vietnam
Email: [email protected]
6. Dr.Phan Duy Hao – National Boundary Commision, Ministry of
Foreign Affairs of Vietnam

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Email: [email protected]
7. Dr. Nguyen Thi Hong Yen – Head of Public International Law
Division, Hanoi Law University
Email: [email protected]
8. Dr. Le Thi Anh Dao – Lecturer of Public International Law Division,
Hanoi Law University
Email: [email protected]
9. LLM. Tran Le Duy - Department of International Law and Treaties,
Ministry of Foreign Affairs of Vietnam.
Email: [email protected]
10. LLM. Ngo Thi Trang, Faculty of International Law, Diplomatic
Academy of Vietnam
Email: [email protected]
11. LLM. Nguyen Hai Duyen - Faculty of International Law, Diplomatic
Academy of Vietnam
Email: [email protected]
12. LLM. Nguyen Huu Phu – Department of International Law and
Treaties, Ministry of Foreign Affairs of Vietnam.
Email: [email protected]
13. LLM. La Minh Trang - Public International Law Division, Hanoi Law
University
Email: [email protected]
14. LM. Vo Ngoc Diep - Faculty of International Law, Diplomatic
Academy of Vietnam
Email: [email protected]

2
 Teaching Assistants
1. LLM. Tran Thi Thu Thuy - Public International Law Division,
Hanoi Law University
Email: [email protected]
2. LLM. Pham Thi Bac Ha - Public International Law Division,
Hanoi Law University
Email: [email protected]

Office
Division of Public International Law
Room No.310, Building A, Hanoi Law University
No. 87 Nguyen Chi Thanh Street, Dong Da District, Hanoi.
Telephone: 04.38352631
Working hour(s): 8h00 – 16h30 working days (except Saturday, Sunday or
holidays).
Email : [email protected]

2. COURSE DESCRIPTION
This current course provides students an overview of public international
law and some specialties thereof. Public international law consists of the
rules and principles dealing with interactions and relations among states as
well as other subjects of international law. Students will examine how
international community regulates their affairs, deal with law breakers and
settle their disputes.
Accordingly, the course considers the nature and scope of the law
governing relations among states and its extension to other subjects of
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public international law such as international organizations.... It will also
examine the sources of public international law, mechanisms and
institutions in which public international law is employed. Students will
learn how and why public international law is created, and how it is
implemented internationally and nationally. It will also examine the nature
of international disputes and the forums to which disputes are referred for
settlement, focusing on a few contemporary international disputes. The
issues of state responsibility will also be examined.
3. OUTLINE STRUCTURE
Unit 1. Introduction to public international law
1.1. Concept of public international law
1.2. History of public international law
1.3. Principles and norms of public international law
1.4. National law - Public international law nexus
Unit 2: Sources of public international law
2.1. Definition of sources
2.2. The international treaty
2.3. The international custom
2.4. Other sources of public international law
Unit 3. States in public international law
3.1. Concept of states
3.2. State recognition
3.3. Fundamental rights and obligations of states
3.4. Nationality in international law
3.5. The principle of sovereign equality of states
3.6. The principle of non-interference in each other’s internal affairs
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Unit 4. International Organization
4.1. Concept of international organizations

4.2. Some legal aspects of international organizations

4.3. The United Nations and the use of force

Unit 5. Territory in public international law


5.1. Concept and categories of territory
5.2. Territory of state
5.3. Maritime spaces
Unit 6. State jurisdiction
6.1. Concept of state jurisdiction
6.2. Territorial principle
6.3. Nationality principle
6.4. Universality principle
Unit 7. Diplomatic and Consular Relations
7.1. Introduction
7.2. Diplomatic relations
7.3. Consular relations
Unit 8. Peaceful settlement of disputes
8.1. Introduction
8.2. Negotiation
8.3. Involvement of third parties
8.4. International judicial institutions
8.5. Other peaceful means
Unit 9. State Responsibility
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9.1. Concept of state responsibility
9.2. State responsibility for internationally wrongful acts
9.3. State responsibility for internationally unprohibited acts
4. THE OBJECTIVE OF THE COURSE
4.1. Learning outcome
On completion of the course the student will:
- Understand the nature and scope of public international law,
including its functions, and its similarities;
- Know the sources of public international law, and the modern
developments therein;
- Appreciate national law and public international law nexus in
relation to monism and dualism;
- Recognize the issues relating to recognition of states, their
sovereignty and equality in the light of international human rights
jurisprudence and geopolitical considerations;
- Understand various bases of jurisdiction, their limitations and
immunities, especially sovereign immunity, diplomatic immunity
and state responsibility;
- Understand the law of treaties, their interpretation and enforcement;
- Understand the fundamental principles enshrined in the United
Nations Charter, the mechanisms for resolution of disputes and use
of force in relation to current international disputes and the role and
function of the International Court of Justice.
4.2. Skills
On completion of the course the student will be able to:
- Identify the issues arising from international disputes;

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- Formulate arguments in public international law directed towards
particular issues;
- Conduct independent research into current international issues and
critically evaluate the possible solutions available under public
international law.
5. DETAILED LEARNING OUTCOMES
Objective
Level 1 Level 2 Level 3
Unit
1. 1A1. Define the 1B1. Analyze 1C1. Evaluate
Introduction concept and characteristics of achievements and
to Public characteristics of public international prospects of
international public international law public
law law 1B2. Distinguish international law
1A2. Describe history principles and norms 1C2. Discuss
of public of public Vietnamese law
international law international law and public
1A3. Describe 1B3. Analyze international law
principles and norms national law and nexus
of public international public international 1C3. Evaluate
law law nexus roles of states in
international
1A4. Describe a
law
national law and
public international
law nexus
2. 2A1. Identify the 2B1. Compare 2C1. Discuss the
Sources of definition of sources of sources of relationship
the international law international law to between
Public
the those of the domestic international
international 2A2. Define
law treaties and
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law concept of 2B2. Distinguish international
international treaties international treaties customs.
and their and international
2C2. Evaluate
characteristics customs roles of
2A3. Present the 2B3. Analyze the international
procedure of the procedure of the treaties and
conclusion of conclusion and entry international
international treaties into force of treaties customs.
2A4. Present the 2B4. Analyze the 2C3. Evaluate
validity of formation the role of other
international treaties, sources of public
and entry into force
international law
2A5. Means of the of international
application of treaties customs. 2C4. Discuss the
in the state’s territory. application of
2B5. Analyze legal
2A6. Define the issues relating to international
concept of other sources of law’s sources in
international customs public international practice
and its elements law 2C5. Discuss the
role of
2A7. Describe the
international
relationship between
treaties on
international treaties
regulating
and international
international
customs.
relations.
2A8. Define other
sources of
international law
3. 3A1. Understand the 3B1.Analyze the 3C1. Critically
concept of state legal status of state evaluate the state
State in
3A2. Present elements of in public recognition in
Public
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international statehood and the state international law practice
law sovereignty. 3B2. Analyze the 3C2. Discuss the
3A3. Present the international legal state succession
fundamental rights and personality of state in practice
obligations of state and compare it to 3C3. Evaluate
3A4. Define the other subjects of the Vietnamese
concept of state international law. nationality law.
recognition 3B3. Analyze 3C4. Evaluate
3A5. Nationality in forms, methods and the
international law legal effects of state implementation
of recognition of the principle
3A6. Principle
of sovereign
sovereign equality of 3B4. Analyze
equality of states
states characteristics of
in the
3A7. Principle of non- nationality in
international
interference in each international law relations.
other’s internal affairs. 3B5. Analyze
3C5. Evaluate
exceptions of the
the
principle of
implementation
sovereign equality of
of the principle
states
of non-
3B6. Analyze interference in
exceptions of the each other’s
principle non- internal affairs in
interference in each the international
other’s internal relations.
affairs
4. 4A1. Understand the 4B1. Compare the 4C1. Evaluate
International concept of legal status of states roles of the UN
Organizations international to that of 4C2. Evaluate
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organizations international the roles of the
4A2. Present the organizations ASEAN
fundamental rights 4B2. Distinguish 4C3. Discuss
and obligations of between IGOs and Vietnam’s role as
international NGOs a member of the
organization UN.
4B3. Analyze
4A3. Understand the function and roles of
membership and the UN
representation of 4B4. Analyze the
international legal issues relating
organizations to the use of force in
4A4. Understand the public international
legal issues relating law
to the United Nations

5. 5A1. Identify the 5B1. Analyze and 5C1. Evaluate


Territory in concept of the territory distinguish three the Vietnamese
the categories of the law of the sea
Public 5A2. Define
international concept of the state territory in the 5C2. Evaluate
international law.
law territory. the achievements
5A3. Present ways to 5B2. Analyze the and prospects of
territorial legal issues relating the international
determine
to the state territory law of the sea.
sovereignty
the 5B3. The legal basis 5C3. Evaluate
5A4. Define
for the establishment the role of
maritime spaces
of sovereignty over determining
5A5. Present the territory territorial
concept and soverignty.
components of the 5B4. Analyze the
legal issues relating 5C4. Evaluate
state boundary
to maritime spaces the role of the
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5A6. Present 5B5. Compare the boundary of
principles and manners land boundary with states.
to determine the the maritime
boundary of states. boundary.

6. 6A1. Define the concept 6B1.Differentiate 6C1. Evaluate


of the state jurisdiction among territorial,
the application of
State
the nationality and
state jurisdiction
jurisdiction 6A2. Describe
universality principle
principles in
territorial principle
Explain the practice
6A3. Describe the 6B2.
priority of these 6C2. Evaluate
nationality principle
principles Vietnamese law
6A4. Describe the on the state
universality principle 6B3. Take examples jurisdiction
of state jurisdiction
principles 6C3. Compare
6B4. State the international
juridical
jurisdiction
principles in some institutions and
international treaties the domestic
juridical
and in customs
institutions.
7. 7A1. Describe the 7B1.Distinguish 7C1. Review
Diplomatic definition and the between diplomatic Vietnamese law
and Consular nature of diplomatic relations and and the Vienna
Relations and consular relations consular relations Convention 1961
the on diplomatic
7A2. Describe the legal 7B2. Analyze
relations
issues relating to diplomatic
diplomatic relations immunities 7C2. Review
7A3. Describe the 7B3. Analyze the Vietnamese law
legal issues about consular immunities and the Vienna
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consular relations 7B4. Compare Convention 1963
diplomatic on consular
the
relations
immunities and
consular immunities
8. 8A1. Describe the 8B1. Distinguish 8C1. Evaluate
definition, international the effective of
Peaceful
characteristics, anddisputes which settle settlement of
settlement
define categories of by international law disputes in
of disputes
international disputes.from other disputes practice.
8A2. List means of containing foreign 8C2. Evaluate
peaceful dispute elements the effective of
settlement. 8B2. Distinguish a resolving
8A3. Present methods domestic judicial disputes in the
of resolving disputes institution and an international
by negotiation and by international judicial judicial.
institution.
third-party 8C3. Discuss the
intervention 8B3. Analyze pros settlement of
the and cons of settling disputes in
8A4. Present
role, disputes by practice and the
composition,
and negotiation. role of ICJ
jurisdiction
within the
judgements of the 8B4. Analyze the
development of
International Court of differences between
international law.
Justice (ICJ) and settling disputes by
International Tribunal international courts
for The Law of the Sea and by international
(ITLOS). arbitrations
8A5. Describe the 8B5. Compare the
definition, composition of the
characteristics, and ICJ and that of
categories of the ITLOS
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international
arbitration.
9. 9A1. Describe the 9B1. Annalise the 9C1. Discuss the
concept, significance of the judicial and
State
responsibilit characteristics and state responsibility political roles of
classification of the regime. state
y
responsibility of 9B2. responsibility.
Annalise
states. grounds for the 9C2. Give
9A2. List grounds for determination of personal opinion
the determination of the state whether state
the responsibility of responsibility for responsibility are
state for internationally necessary in
internationally wrongful acts current
wrongful acts international
9B3. Analyze forms
9A3. Present forms of of reparation for relations.
reparation for internationally
internationally wrongful act.
wrongful act. 9B4. Analyze
9A4. Describe the grounds for the
concept and grounds determination of
of state responsibility responsibility for
for internationally internationally
unprohibited acts. unprohibited acts
9A5. List grounds 9B5. Analyze
for the determination performance of
of responsibility for responsibility for
internationally internationally
unprohibited acts unprohibited acts
9A6. Present
performance of
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responsibility for
internationally
unprohibited acts

6. SUMMARY OF KNOWLEDGE ACHIEVEMENT


Level
Level 1 Level 2 Level 3 Sum
Units
Unit 1 4 3 3 10
Unit 2 8 5 5 18
Unit 3 7 6 5 18
Unit 4 4 4 3 11
Unit 5 6 5 4 15
Unit 6 4 4 3 11
Unit 7 3 4 2 9
Unit 8 5 5 3 13
Unit 9 6 5 2 13
Sum 48 42 30 118

7. ESSENTIAL READING
7.1. Primary textbooks
- Hanoi Law University, Textbook on International Law, 2017.
- Evan M. D. International law, Oxford University Press, 2014.
- Klabbers J. International law, Cambridge University Press, 2013.

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- Currie, John. H. Public International Law, University of Ottawa,
2008
- Shaw, M. International law, Cambridge University Press, 2008.
- Cases, A. International law, Oxford University Press, 2005, second
edition.
- I.A.Shearer, Starke’s International Law, Butterworths Publisher,
1994
7.2. Supplementary textbooks
- Armstrong D (eds), Routledge handbook of international law.
(Routledge Taylor and Francis Group, 2009).
- Anghie, A. Imperialism sovereignty and the making of international
law, Cambridge University Press, 2005
- Aust A, Handbook of international law, Cambridge University
Press, 2010
- Komoti T (eds), Public interest rules of international law: Towards
effective implementation, Ashgate Publishing Limited, 2009
- Kohen M. G, Secession: international law perspectives, Cambridge
University Press, 2006
- Brownlie, I. Principles of public international law, Oxford: Oxford
University Press, 2003, sixth edition.
- Byers, M. War law, London: Atlantic Books, 2005
- Dixon, M. Textbook on international law, Oxford University Press,
2005, fifth edition.
- Goldsmith, J.L. and E.A. Posner, The limits of international law,
Oxford University Press, 2005
- Kaczorowska, A. Public international law, Old Bailey Press, 2005,
third edition.
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- Reus-Smit, C. (eds), The politics of international law, Cambridge
University Press, 2004
- Alston, P. and J. Crawford (eds). The future of UN human rights
treaty monitoring, Cambridge University Press, 2000
- Hillier, Tim, Sourcebook on public international law. Cavendish
Publishing, 1998
7.3. Treaties and Vietnamese legislative documents
* Treaties
- 2003 ASEAN Concord II
- ASEAN Charter (2007)
- Charter of the United Nations (1945)
- United Nations Convention on the Law of the Sea 1982
- Vienna Convention on Consular Relations 1963
- Vienna Convention on Diplomatic Relations 1961
- Vienna Convention on the Law of Treaties 1969
- Montevideo Convention on the Rights and Duties of States 1933
- The ‘Draft Declaration on Rights and Duties of States’ of ILC.
- The Statute of the International Court of Justice
- Vienna Convention on the succession States in respect of Treaties
1978
- Convention on Certain Questions relating to the Conflict Nationality
Laws 1930
- Declaration on Principles of International Law concerning Friendly
Relations and Co-operation among States in accordance with the
Charter of the United Nations 1970
- Draft Article on the responsibility of international organizations 2011
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- The Hague Conventions of 1899 and 1907 for the Pacific Settlement
of International Disputes
- The Universal Declaration of Human Rights, adopted by UN General
Assembly Resolution 217A (1948), UN Doc. A/810
- Treaty on Principles Governing the Activities of States in the
Exploration and Use of Outer Space, including the Moon and Other
Celestial Bodies
- United Nations General Assembly Resolution 3314 (XXIX)
(Definition of Aggression) (Dec 14, 1974)
* Vietnamese legislative documents
- The Constitution of the Socialist Republic of Vietnam 2013
- Decree No. 73 CP on the 30 th of July, 1994 of the Government on
detailed regulation on the implantation of the ordinance on the
privileges and immunity of diplomatic representations, foreign
consulates, and representative offices of international organizations
in Vietnam.
- Law No. 08/2007/QH12 on Legal Assistance
- Law No. 95.2015/QH13 Vietnam Maritime Code
- Law on Treaties (108/2016/QH13)
- Law on Vietnamese Nationality (Law No. 24/2008/QH12)
- Law No. 33/2009/QH12 on Overseas Representative Missions of the
Socialist Republic of Vietnam
- Law No.06/2003/QH11 on National Border
- Ordinance on conclusion and implementation of international
agreements (Phap lenh 33/2007/PL-UBTVQH11)
- The law on Vietnamese sea (Law No. 18/2012/QH13)
-The Ordinance on the privileges and immunity of diplomatic
17
representations, foreign consulates, and representative offices of
international organizations in Vietnam.
7.4. Cases and materials
- Harris, D.J, Cases and materials on international law. (London:
Sweet & Maxwell, 2004) sixth edition.
- Dixon, M. and R. Mc Corquodale, Cases and materials on
international law (Oxford: Oxford University Press, 2003) fourth
edition.
- Johnson, D. H. N. "The Minquiers and Ecrehos Case." The
International and Comparative Law Quarterly 3.2 (1954): 189-216
- Administrative Tribunal case (1954)
- Anglo-Norwegian Fisheries case: ICJ Reports, 1951, p. 132; 18 ILR
- Arbitration, Clipperton Island. "France-Mexico)." Am. J. Int'l L. 26
(1932): 390.- The Legal Status of Eastern Greenland Case,
Denmark vs. Norway, "Permanent Court of International Justice."
(1933).
- Chorzow Factory case (1928)
- The Island of Palmas Case,. "Permanent Court of Arbitration."
(1928).
7.5. Reports and journals
Journal and law review articles are a good source of background
information on international law and of scholarly writings that may
elucidate international legal norms. Articles can be located by searching
under relevant terms in an index or by searching a full-text database such
as: http://home.heinonline.org/. In addition, here are some useful journals:
- American journal of international law (AJIL).
- Asian journal of international law (AJIL).

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- European journal of international law (EJIL).
- International and comparative law quarterly (ICLQ).
7.6. Useful websites
1. http://www.un.org
2. http://www.un.org.vn
3. http://www.icj-cij.org
4. http://www.asean.org.vn
5. http://europa.eu/index_en.htm
6. http://www.mofa.gov.vn
7. http://www.molisa.gov.vn

8. TEACHING – LEARNING FORM


8.1. General Schedule
Week Unit Total
Group Self-
Lecture Seminar Assessment
work studying
Receive the list of
1 1 2 2 0 0 individual 4
assignments
2 2 2 2 0 3 7
3 2 2 2 2 0 6
4 3 2 2 3 7
5 3 2 2 2 0 6
6 4 2 2 0 3 7
7 5 2 2 2 0 6
8 5 2 2 0 3 7

19
9 5 2 2 2 0 6
10 6 2 2 0 3 7
Do the individual
11 7 2 2 2 0 6
test
12 8 2 2 2 3 9
13 8 2 2 2 0 6
14 9 2 2 2 3 9
Submit the
15 2 2 0 0 individual 4
assignment
30 30 8 21 97
Total 30 giờ 15 8 giờ 7 giờ 60 giờ
TC giờ TC TC TC TC
Note: Students must submit group-work and the individual assignments in
the seminar.
8.2. Detailed Schedule
Week 1: Unit 1
Forms of Credit Main contents Requirements for
teaching - Hours students’ preparation
learning
- Concept of public *Reading:
Lecture international law. - Malanczuk,
2 - Principles and norms Peter. Akehurst's,
of public international Modern introduction to
law international law,
- National law and Routledge, 2002.
public international law - The Vienna
nexus Convention on the Law
of Treaties (1969).
- Charter of the United
20
Nations (1945).
- Montevideo
Convention 1933.
- Compare - Groups will choose
Seminar 2 international law with issues to examine.
national law. - Groups outline the
- Comparing discussed issues.
fundamental principles - Groups operate the
of public international seminar according to
law and specialized prepared topics.
principles. - Resolving some cases
- History of relating to the issue.
international law.
- - Purpose: Explaining and consulting about content and
Consultation learning methods; instructing how to exploit learning
resources...
- - Time: Wednesday, from 8a.m to 11a.m
- - Location: Division of Public International Law (Room
A310)
Assessment Receive the list of individual assignments

Week 2: Unit 2
Forms of Credit Main contents Requirements for
teaching – Hours students’ preparation
learning
- Definition of * Reading:
Lecture 2 sources of - Evan M. D. International
international law law, Oxford: Oxford
- Definition of University Press, 2014.
international treaties. - The Statute of the
- The procedure of International Court of
21
the conclusion of Justice (annexed to the
international treaties Charter of the United
- Validity conditions Nations).
of the international - The Vienna
treaties. Convention on the Law of
- Treaty binding Treaties (1969).
upon the third state. - Charter of the United
Nations (1945).
- Law on Treaties
(108/2016/QH13).
- Ordinance on conclusion
and implementation of
international agreements
(Phap lenh 33/2007/PL-
UBTVQH11).
- Chorzow Factory case
(1928)
- Administrative Tribunal
case (1954)
- Time for treaty - Groups choose issues to
2 entering into force examine.
and territorial scope - Groups outline the
of the treaty. discussed issues.
- Groups operate the
seminar according to
prepared topics.
- Resolving some cases
relating to the issue.
- Distinguish treaties
Self - studying 3 and other
international
agreements.

22
(Ordinance on
conclusion and
implementation of
international
agreements -
Ordinance
33/2007/PL-
UBTVQH11)
- Conclusion and
implementation of
treaties in Vietnam
in some areas.
- - Purpose: Explaining and consulting about content and
Consultation learning methods; instructing how to exploit learning
resources...
- - Time: Wednesday, from 8a.m to 11a.m
- - Location: Division of Public International Law (Room
A310)

Week 3: Unit 2 (continue)


Forms of Credit Main contents Requirements for
teaching - Hours students’ preparation
learning
- Termination and * Reading:
Lecture 2 suspension of the - Evan M. D. International
operation of treaties law, Oxford: Oxford
- Implementation of University Press, 2014
treaties. - The Statute of the
- International International Court of
custom Justice (annexed to the
- Other sources of Charter of the United
international law Nations)

23
-The Vienna
Convention on the Law of
Treaties (1969)
- Charter of the United
Nations (1945)
- Law on Treaties
(108/2016/QH13)
- Ordinance on conclusion
and implementation of
international agreements
(Phap lenh 33/2007/PL-
UBTVQH11)
- Chorzow Factory case
(1928)
- Administrative Tribunal
case (1954)
- The relationship - Groups choose issues to
Seminar 2 between the
examine.
international treaty- Groups outline the
and international
discussed issues.
custom. - Groups operate the
- The relationship seminar according to
among the
prepared topics.
international treaty,
- Resolving some cases
custom and other relating to the issue.
sources of public
international law.
Evaluating roles and - Groups choose discussed
Group-work 2 the development of issues.
the international - Discussing in group.
treaties and customs
in the system of the

24
international law.
- - Purpose: Explaining and consulting about content and
Consultation learning methods; instructing how to exploit learning
resources...
- - Time: Wednesday, from 8a.m to 11a.m
- - Location: Division of Public International Law (Room
A310)

Week 4: Unit 3
Forms of Credit Main contents Requirements for
teaching - Hours students’ preparation
learning
- Concept of states *Reading:
Lecture 2 in public
- I.A.Shearer, Starke’s
international law International Law,
- The international Butterworths Publisher,
legal personality of1994. Chapter 5 &6, p85-
states 143, Chapter 11-12, p290-
- Recognition of 338.
states - The Declaration on
Principles of International
Law concerning Friendly
Relations and Co-operation
among States, 1970,
A/RES/25/2625.
- The ‘Draft Declaration on
Rights and Duties of States’
of ILC.
- Montevideo Convention
1933
- Compare - Groups choose issues to
Seminar 2 international legal examine.
25
personality of states - Groups outline the
and that of discussed issues.
international - Groups operate the
government seminar according to
organisations. prepared topics.
- - Nationality in - Resolving some particular
international law and cases relating to the issue.
in Vietnamese legal
system.
Evaluating about the
Self - studying 3 state recognition in
some cases.
Evaluating
Vietnamese
nationality law
- - Purpose: Explaining and consulting about content and
Consultation learning methods; instructing how to exploit learning
resources...
- - Time: Wednesday, from 8a.m to 11a.m
- - Location: Division of Public International Law (Room
A310)

Week 5: Unit 3 (continue)


Forms of Credit Main contents Requirements for
teaching - Hours students’ preparation
learning
- Fundamental Reading:
Lecture 2 rights and - I.A.Shearer, Starke’s
obligations of states International Law,
- The principle of Butterworths Publisher,
sovereign equality 1994. Chapter 5 &6, p85-
26
of states and its 143, Chapter 11-12, p290-
exceptions. 338.
- The principle of - S.S. Lotus (France. v.
non-interference in Turkey.), 1927 P.C.I.J. (ser.
each other’s A) No. 10 (Sept. 7).
internal affairs and - The Montevideo
its exceptions. Convention, the
Organization of American
States, and the Organization
of African Unity.
- The Charter of
the Organization of
American States
(OAS) (‘OAS Charter’)
1948.
- The ‘Draft Declaration on
Rights and Duties of States’
of ILC.
- Vienna Convention on the
succession States in respect
of Treaties 1978.
Evaluating the - Groups choose issues to
Seminar 2 implementation of examine.
two principles - Groups outline the
above in the discussed issues.
international - Groups operate the
relations. seminar according to
prepared topics.
- Resolving some particular
cases relating to the issue.
Group-work 2 Formation and
development of two

27
principles above
Consultation- - Purpose: Explaining and consulting about content and
learning methods; instructing how to exploit learning
resources...
- - Time: Wednesday, from 8a.m to 11a.m
- - Location: Division of Public International Law (Room
A310)

Week 6: Unit 4
Forms of Credit Main contents Requirements for
teaching – Hours students’ preparation
learning
- Concept of the * Reading:
2 international - Malanczuk,
Lecture government Peter. Akehurst's modern
organization (IGO). introduction to
- The membership and international law.
representation of IGO Routledge, 2002
- The roles of IGO and- Klabbers, Jan. "An
UN activities Introduction to
- Legal issues of United
International Institutional
Nation and the use of Law, 2002."
force - Charter of the United
Nations (1945).
- The Declaration on
Principles of
International Law
concerning Friendly
Relations and Co-
operation among States
(Declaration 1970).
- UN’s role in the - Groups choose issues
28
Seminar 2 maintenance of to examine.
international peace and - Groups outline the
security. discussed issues.
- Cases concerning - Groups operate the
the use of force. seminar according to
prepared topics.
- Resolving some
particular cases relating
to the issue.
- Rights and obligations - Groups choose
Self - study 3 of members in discussed issues.
international - Discussing in group.
government
organizations.
- Vietnam’s roles as a
member of some IGOs.
- - Purpose: Explaining and consulting about content and
Consultation learning methods; instructing how to exploit learning
resources...
- - Time: Wednesday, from 8a.m to 11a.m
- - Location: Division of Public International Law (Room
A310)

Week 7: Unit 5
Forms of Credit Main contents Requirements for
teaching - Hours students’ preparation
learning
- The concept of *Reading:
Lecture 2 territory. - Shaw, M. International
- The concept and law, Cambridge:
components of the Cambridge University
state territory. Press, 2008.
29
- The legal basis for - The Island of Palmas
the establishment of Case,. "Permanent Court
sovereignty over of Arbitration." (1928).
territory. - United Nations
Convention on the Law
of the Sea of 10
December 1982.
- Groups choose issues to
Seminar 2 - State territory in examine.
special cases - Groups outline the
- Cases on state discussed issues.
territory - Groups operate the
seminar according to
prepared topics.
- Resolving some
particular cases relating
to the issue.
Analyze and comment - Groups choose
Group-work 2 about factors which discussed issues.
affect State’s territory - Discussing in group.
Consultation- - Purpose: Explaining and consulting about content and
learning methods; instructing how to exploit learning
resources...
- - Time: Wednesday, from 8a.m to 11a.m
- - Location: Division of Public International Law (Room
A310)

Week 8: Unit 5 (continue)


Forms of Credit Main contents Requirements for
teaching - Hours students’ preparation
learning
- Baselines under * Reading:
30
2 the international law - Shaw, M. International
Lecture of the sea law, Cambridge:
- Internal water and Cambridge University
the territorial sea Press, 2008.
- Contiguous zone - The Island of Palmas
and the exclusive Case, "Permanent Court
economic zone - of Arbitration." (1928).
EEZ. - United Nations
Convention on the Law
of the Sea of 10
December 1982
- The law on Vietnamese
sea (Law No.
18/2012/QH13)
- The - Groups choose issues to
Seminar 2 development of the examine.
exclusive economic - Groups outline the
zone & continental discussed issues.
shelf. - Groups operate the
- - Maritime seminar according to
spaces which are prepared topics.
under Vietnam’s - Resolving some cases
sovereign rights. relating to the issue.
- Land and
Self - study 3 maritime boundaries
of Vietnam with its
neighbours.
- - Maritime
spaces which are
under territorial
sovereignty of
Vietnam.

31
- - Purpose: Explaining and consulting about content and
Consultation learning methods; instructing how to exploit learning
resources...
- - Time: Wednesday, from 8a.m to 11a.m
- - Location: Division of Public International Law (Room
A310)

Week 9: Unit 5 (continue)


Forms of Credit Main contents Requirements for
teaching - Hours students’ preparation
learning
- Shaw, M. International
Lecture 2 - Continental shelf law, Cambridge:
- High seas and the Cambridge University
Area. Press, 2008.
- The Island of Palmas
Case,. "Permanent Court
of Arbitration." (1928).
- United Nations
Convention on the Law
of the Sea of 10
December 1982.
- The law on
Vietnamese sea (Law No.
18/2012/QH13)
- Compare the - Groups choose issues to
Seminar 2 legal status between examine.
the contiguous zone - Groups outline the
and the EEZ. discussed issues.
- - Roles of - Groups operate the
fundamental seminar according to
principles in making prepared topics.

32
law of the sea (the - Resolving some cases
land dominates the relating to the issue.
sea and the freedom
of the high seas)
- Land and
Group-work 2 maritime boundaries
of Vietnam with its
neighbouring
countries.
- Maritime
spaces which are
under territorial
sovereignty of
Vietnam.
- - Purpose: Explaining and consulting about content and
Consultation learning methods; instructing how to exploit learning
resources...
- - Time: Wednesday, from 8a.m to 11a.m
- - Location: Division of Public International Law (Room
A310)

Week 10: Unit 6


Forms of Credit Main contents Requirements for
teaching - Hours students’ preparation
learning
- The concept of * Reading:
Lecture 2 state jurisdiction. - Currie, John.H. Public
- Principles on International Law,
determining state University of Ottawa,
jurisdiction. 2008, Chapter 8.
33
- United Nations
Convention on the Law of
the Sea of 10 December
1982.
- Anglo-Norwegian
Fisheries case: ICJ
Reports, 1951.
- SS Lotus, France v.
Turkey, Judgment no. 9,
PCIJ, Ser. A, No. 10,
1927.
- Charter of the United
Nations (1945)
- Determining - Groups choose issues to
Seminar 2 state jurisdiction in examine.
particular cases. - Groups outline the
- Compare the discussed issues.
international - Groups operate the
juridical institution seminar according to
and the domestic prepared topics.
juridical institution. - Resolving some cases
relating to the issue.
Solution for
Self- study 3 jurisdictional
conflicts.
Consultation- - Purpose: Explaining and consulting about content and
learning methods; instructing how to exploit learning
resources...
- - Time: Wednesday, from 8a.m to 11a.m
- - Location: Division of International Public Law (Room
A310)

34
Week 11: Unit 7
Forms of Credit Main contents Requirements for
teaching - Hours students’ preparation
learning

- The nature of * Reading:


Lecture 2 diplomatic and - Shaw, M, International
consular relations. law, Cambridge
- Diplomatic University Press, 2008,
immunities and Chapter 13.
consular immunities - United Nations, Vienna
Convention on Diplomatic
Relations, 18 April 1961,
- United Nations, Vienna
Convention on Consular
Relations, 24 April 1963.
- - Compare - Groups choose issues to
Seminar 2 diplomatic examine.
immunities and - Groups outline the
consular immunities discussed issues.
- Groups operate the
seminar according to
prepared topics.
- Resolving some cases
relating to the issue.
The diplomatic and
Group-work 2 consular relations
between Vietnam
and other states.
- - Purpose: Explaining and consulting about content and
Consultation learning methods; instructing how to exploit learning
resources...
35
- - Time: Wednesday, from 8a.m to 11a.m
- - Location: Division of Public International Law (Room
A310)
Assessment Do the individual test in class

Week 12: Unit 8


Forms of Credit Main contents Requirements for
teaching - Hours students’ preparation
learning
- Introduction * Reading:
Lecture 2 - Negotiation - Malcom N. Shaw,
- Involvement of third International Law, Sixth
party edition, Cambridge
University Press, 2008,
Chapter 18 and 19.
- Office of Legal Affairs,
Codification Division,
Handbook on the
Peaceful Settlement of
Disputes between States,
United Nation, New
York, 1992.
- The Statute of the
International Court of
Justice.
- The UN Charter.
- Groups choose issues to
Seminar 2 - Distinguishing examine.
international disputes - Groups outline the
under international discussed issues.
law from international - Groups operate the

36
disputes which is seminar according to
settled under national prepared topics.
law and international - Resolving some cases
situations. relating to the issue.
- The basis for
classifying methods of
settling international
disputes
- The effects of the - Groups choose
Group work 2 nature of international discussed issues.
law in establishing and - Discussing in group.
implementing methods
of dispute settlement.
Analyze pros and cons
Self-study 3 of means of peaceful
settlement of disputes.
- - Purpose: Explaining and consulting about content and
Consultation learning methods; instructing how to exploit learning
resources...
- - Time: Wednesday, from 8a.m to 11a.m
- - Location: Division of Public International Law (Room
A310)

Week 13: Unit 8 (continue)


Forms of Credit Main contents Requirements for
teaching - Hours students’ preparation
learning
- The legal issues * Reading:
Lecture 2 about International - Malcom N. Shaw,
Court of Justice (ICJ) International Law, Sixth
- The legal issues edition, Cambridge
about International University Press, 2008,
37
Tribunal for The Chapter 18 and 19.
Law of the Sea - Office of Legal Affairs,
(ITLOS). Codification Division,
- The legal issues Handbook on the Peaceful
about international Settlement of Disputes
arbitrations. between States, United
Nation, New York, 1992.
- The Statute of the
International Court of
Justice.
- The UN Charter.
- Compare- Groups choose issues to
Seminar 2 international judicial
examine.
institutions and
- Groups outline the
domestic judicial
discussed issues.
institutions. - Groups operate the
- Compare settling seminar according to
disputes in
prepared topics.
international courts - Resolving some cases
and international
relating to the issue.
arbitrations.
Evaluating roles of - Groups choose discussed
Group work 2 the International issues.
Court of Justice, - Discussing in group.
International
Tribunal of the Law
of the Sea in dispute
settlement nowadays.
- - Purpose: Explaining and consulting about content and
Consultation learning methods; instructing how to exploit learning
resources...
- - Time: Wednesday, from 8a.m to 11a.m

38
- - Location: Division of Public International Law (Room
A310)

Week 14: Unit 9


Forms of Credit Main contents Requirements for
teaching - Hours students’ preparation
learning
- Concept of state * Reading:
Lecture 2 responsibility. - Tim Hillier,
- State responsibility for
Sourcebook on Public
internationally wrongful International Law,
acts Cavendish Publishing
- State responsibility for
Limited, 1998, Chapter
internationally 10.
unprohibited acts - Malcolm N.
Shaw, International
Law, Cambridge
University Press, 6th
edition, 2008, Chapter
14.
- Draft Articles (‘the
Articles’) on the
Responsibility of
States for
Internationally
Wrongful Acts, 2001
- Convention on the
Liability of Operators
of Nuclear Ships 1962;
- The judicial and - Groups choose issues
Seminar 2 political roles of state to examine.
responsibility. - Groups outline the

39
- State responsibility in discussed issues.
temporary international - Groups operate the
relations. seminar according to
prepared topics.
- Resolving some cases
relating to the issue.
Immunities of state - Groups choose
Group work 2 responsibilities. discussed issues.
- Discussing in
group.

Responsibility of inter-
Self – study 3 governmental
organisations.
Consultation- - Purpose: Explaining and consulting about content and
learning methods; instructing how to exploit learning
resources...
- - Time: Wednesday, from 8a.m to 11a.m
- - Location: Division of Public International Law (Room
A310)
Week 15: Review
Forms of Credit Main contents Requirements for
teaching - Hours students’ preparation
learning
Lecture Systematizing and
2 course reviewing
Discussing all contents - Groups choose issues
Seminar 2 that are not to examine.
comprehensively - Groups outline the
understood relating to discussed issues.
the subject. - Groups operate the
seminar according to

40
prepared topics.
- Resolving some cases
relating to the issue.
Consultation- - Purpose: Explaining and consulting about content and
learning methods; instructing how to exploit learning
resources...
- - Time: Wednesday, from 8a.m to 11a.m
- - Location: Division of Public International Law (Room
A310)
Assessment Submitting the individual assignment

9. POLICIES OF THE SUBJECT


- Obey the current guidelines on training issued by Hanoi Law
University.
- 30% of your mark will be penalized if the assignment/essay exceeds
the page number limit.
- Submitting similar work (up to 50%) with other students, 50% of your
mark will be analyzed;
- Submitting identical work (above 50%) with other students, your mark
is 0 (zero).
- Assignments/Essays must be submitted or presented on time, if not, all
of them are 0 (zero).
10. METHODS OF ASSESSMENT
10.1. Frequent assessment
- Participation
- Proof of attending seminars and group work.
- Multiple choice tests, assignments.
41
10.2. Periodical assessment
Assessment types Grading
proportion
Attitudes and Perceiving to participate in seminars for each 10%
week
Individual Test 15%
Individual assignment 15%
Final Exam 60%

10.3. Criteria for assessment


 Individual Test
- Form: Done in seminar
- Content: Based on the topic list.
- Criteria for assessment:
+ Identify the issue 3 points
+ Logically and directly analyze the issue 5 points
+ Recourse properly to documents and explain in detail 2 points
Total: 10 points

 Individual Assignment
- Form: Essay, no more than 5 pages on A4-size paper.
Times New Roman; size: 14, 1.5 line spaced on one side only of A4
paper; Top: 2.5 cm, Bottom: 2.5cm, Left: 3.5cm, Right: 2cm.
- Content: Based on the topic list.

42
- Criteria for assessment:
+ Identify the issue clearly and properly 3 points
+ Logically and directly analyze the issue 4 points
+ Wide range of material 1 point
+ Make use of terminology and reference to materials properly
1 point
+ Have a good structure 1 point
Total: 10 points
 Final Exam
- Form: Written Exam
- Content: All issues in the program
- Criteria for assessment.
+ Identify the issue 3 points
+ Logically and directly analyze the issue 5 points
+ Make use of terminology, have a wide range of research and
reference to materials properly 2 points
Total: 10 points

 Attitudes and Perceiving to participate in seminars


- Total score of 10, equally divided to the seminars, the student who is
positively evaluated will get 0.7 points / session.
- The lecturer will proactively determine the level of positive students
to evaluate.

43

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