Public International Law 4 Cred
Public International Law 4 Cred
Public International Law 4 Cred
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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]
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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
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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
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
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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
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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
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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.
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(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)
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-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
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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.
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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)
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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
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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.
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- 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)
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- - 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)
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)
34
Week 11: Unit 7
Forms of Credit Main contents Requirements for
teaching - Hours students’ preparation
learning
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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)
38
- - Location: Division of Public International Law (Room
A310)
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
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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
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.
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- 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
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