INTRODUCTION TO
INTERNATIONAL LAW
Vu Quoc Tuan
Ministry of Foreign Affairs
AGENDA
1. Concept of International Law
2. History of International Law
3. Principles and Norms of International Law
4. National Law and International Law
1. Concept of International Law
LEGAL TERMS
General &
Public & Private
International Law Regional
International Law
International Law
1. Concept of International Law (Definition)
“All of the norms originating in agreements between states
or emanating from entities to which states have accorded or
recognized the power to create international norms”
(Salmon (ed.) (2001), Dictionnaire de droit international public)
“International law is a legal system that consists of rules and
principles formulated by States and other entities, on a
voluntary and equitable basis, to regulate relations among
States and such entities”
(Hanoi Law University (2018), Textbook on International Law)
1. Concept of International Law (Subjects)
SUBJECTS
National
International
Sovereign State Liberation Special entities?
Organization
Movement
Established by Peoples are fighting Vatican City State,
Defined territory international for the right to self- Palestine, Hong
agreement determination Kong…
Exclusive or
Permanent predominant
population membership of States
or governments
Government Permanent organs
Capacity to enter into
International legal
relations with other
personality
States
1. Concept of International Law (Objects)
Arising between the
subjects of international
law
International legal Arising in the field of
relations international law
Governing by the rules of
international law
1. Concept of International Law
(International Law-making)
Signing treaties
Agreement
Accepting
customs
1. Concept of International Law
(Enforcement Mechanism)
Forms: Individual
enforcement, collective
enforcement
Self-enforcement
Mechanism
Methods: Diplomatic,
economic, military…
2. History of International Law
Ancient period Medieval period
• Most rules on • Inter-regional, inter-state
diplomatic relations • Development of law of
and war the sea, diplomatic
immunity
Modern period
Contemporary period • Globalization and
• New principles of international law regionalization
• Unequal rules and doctrines • The birth of global international
organizations
3. Principles and Norms of International
Law (Principles)
Fundamental
Special principles
principles
Relevant to specific branch of
7 fundamental principles
international law
3. Principles and Norms of International
Law (7 fundamental principles)
Sovereign equality of States
Prohibition on the threat or use of force
Dispute settlement by peaceful means
Non-intervention in matters within the domestic jurisdiction of any State
Cooperation among States
Self-determination of peoples
Pacta sunt servanda
3. Principles and Norms of International
Law (Norms)
Peremptory norm
Normal norm
(Jus cogens)
Accepted by the international Allowing subjects to determine the
community of States as a norm from scope of rights and obligations to
which no derogation is permitted conform to actual circumstances
3. Principles and Norms of International
Law (Norms)
Written Norms
Treaty norms
NORMS
(base on form)
Unwritten Norms
Customary norms
3. Principles and Norms of International
Law (Norms)
Bilateral Norms
NORMS
(base on scope)
Multilateral Norms
Regional norms
Global norms
4. National Law and International Law
The dualist The monist
Forming part
Two separate of the same
legal systems
2 theories legal system
New approach?
Two laws are of two distinct legal
systems but they have
relationship with each other
4. National Law and International Law (cont’)
NATIONAL LAW
Has a decisive influence on Has a positive impact for
the formation and the development and
development of reform of national law
international law
INTERNATIONAL
LAW
4. National Law and International Law (cont’)
- Transformation
and incorporation
- International law
National law before in national legal
system
international tribunals - Conflict between
international law
and national law
A State cannot rely
upon the provisions of International law in
national law to avoid
obligations under
national courts
international law