Ôn thi Công pháp quốc tế

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1 International law came into existence with the formation of states

F The process of formation and development of international law is closely related to thegeneral development of the state and the law, but in terms of historical time, international lawwas formed later than the formation of states International law appeared when there was theestablishment of foreign relations between states, the early stage was the relationshipbetween neighboring countries, gradually expanding, beyond the regional scope anddeveloping into an international law continuous relations or the international community as

it is today

2 International law is formulated by the consent of international law subjects

T International law is formed and built on the basis of struggle, negotiation, equality andmutual respect among the subjects of international law

3 The United Nations General Assembly is the legislative body of international law

F international law there is no international legislative body that sets the law for all states,but international law is established on the basis of express or implicit consent to itsconditions

4 There are no sanctions in international law

F International law has a diverse and rich system of sanctions

Mechanisms to ensure the enforcement of international law: requirements for state reports,inspection of state reports, and protection of state reports on a certain area of internationallaw before international agencies and institutions

Sanctions in modern international law:

+ Sanctions under international law are implemented by the state itself, individually orcollectively, and in some cases by a judicial authority

+ Sanctions of international law include the following main forms:

Non-criminal sanctions: public apology, severing diplomatic relations, embargo,compensating damages

Criminal sanctions: applied to individuals who commit crimes against humanity, genocide,war crimes, aggression

Military sanctions: applying sanctions by armed force to countries that violate the peace andthreaten the peace

+ Among the above sanctions, military sanctions are the strictest form of legal prosecution,applied to serious violations of international law and can only be carried out in a collectivemanner

+ To ensure the maintenance of international peace and security, all member states of theUnited Nations are obliged to provide the Security Council with armed forces, support andany other means, including allowing UN troops to pass through its territory

5 Coercion in international law is carried out by states on the basis of international law

F As provided in article 53 of the UN Charter: "The Security Council shall use, if deemednecessary, regional arrangements or organizations to carry out coercive actions under itscontrol However, no coercive action may be taken pursuant to agreements or by regionalorganizations, without the authorization of the Security Council, except for measures againstany hostile state under paragraph 2 of this article or the measures provided for under article

107, or in regional arrangements to again enforce the policy of aggression, until the UnitedNations may, upon request, of the main"

Coercion in international law is carried out by the Security Council on the basis ofinternational law

legal basis: article 53 of the UN Charter

6 In all cases, the enforcement of international law must be based on decisions of the United Nations Security Council

T The Security Council was established to maintain international peace and security.According to Article 39 of the Charter of the United Nations, the Security Council is the soleorgan of the United Nations that has the power to decide on the actual assessment of threats

to the peace, destruction of the peace or acts of aggression , and shall recommend or decide

on measures to be taken in accordance with Articles 41 and 42, to maintain or restore

international peace and security In carrying out this function, the Security Council isconsidered to act on behalf of all members of the United Nations.

Legal basis: article 39 of the Charter of the United Nations

7 Coercion in international law is the application of all armed measures

F "United Nations Coercive Measures" is construed as follows: Collective measures appliedunder decisions of the United Nations Security Council to eliminate threats to internationalpeace and security , the violation of the peace of mankind or the elimination of aggression.United Nations coercive measures can be non-military or military in nature

According to Article 41 of the Charter of the United Nations, the Security Council has theauthority to decide on measures to be taken that do not involve the use of force to implementthe resolutions of the Council security, and may require members of the United Nations toadopt such non-military measures These non-military measures can be the complete orpartial severance of economic and trade relations, the closure of railways, sea routes,aviation, communication lines, postal and telegraph services , radio, telecommunications andother means of communication, including severing diplomatic relations with the offendingcountry If the Security Council finds that the aforesaid non-military measures are not strongenough, inadequate or ineffective, the Security Council shall have the authority to applymilitary measures, taking any action of naval, ground and air forces necessary for themaintenance or restoration of international peace and security These military actions can bedemonstrations of force, military blockades and military operations by the navies, army or airforces of the member states of the United Nations

Thus, it is not necessary that coercive measures must use armed measures

Legal basis: Article 41 of the UN Charter

8 Coercion in international law includes measures which are individually conducted.

F “United Nations Coercive Measures” means: Collective measures adopted by decision ofthe United Nations Security Council to eliminate threats to peace and security internationallaw, violate the peace of mankind or eliminate acts of aggression UN coercive measures can

be non-military or military in nature

As such, coercion in international law includes measures taken collectively adopted bydecision of the United Nations Security Council.

Legal basis: Article 41 of the UN Charter

9 Under no circumstances shall states be allowed to use force against each other

T Clause 4, Article 2 of the Charter of the United Nations provides:

"All Member States of the United Nations shall not, in their international relations, threaten

to use force or use force against the territorial integrity or political independence of any State,

or for other purposes other purposes inconsistent with the purposes of the United Nations".According to the above provisions, the use of force by a subject to control, threaten to attack,attack, or illegally coerce another subject in international relations is an act of violation.violate international law

The Charter of the United Nations not only prohibits the use of armed force but also armed coercion, but paragraph 4 of Article 2 of the Charter emphasizes primarily theprohibition of the use of armed force

non-Legal basis: Clause 4, Article 2 of the Charter of the United Nations

10.Principles of international law are the most important ones

True The basic principles of international law are basic legal norms that are widelyrecognized by countries around the world to apply to regulate international relations Theposition, role and significance of the principles of international law have been affirmed ininternational legal documents at the regional and global levels, invoked and applied to solveproblems international

11.Principles of international law are the norms of international law

F Because the basic principles of international law are legal political ideas and viewpoints,which are the basis for the construction and improvement of international law, internationallaw is the rules of conduct in international relations

12.Principles of international law is unchallengeable norms

T Due to the inheritance of principles Through the long development process ofinternational law, backward reactionary content has been eliminated and progressive

democratic content has been recognized and supplemented The previous rule on theprohibition of the use of force in international relations had inappropriate contents such asallowing the use of force if the dispute could not be resolved by peaceful means Then theuse of force was banned gradually limited and today the use of force in internationalrelations is strictly prohibited The basic principles of international law represent theincreasingly progressive content of international law and reflect a process the long-termstruggle for interests between nations and ideologies Thus, modern international law existsand continues to develop on the basis of building fundamental principles maintaining theinternational legal order, allowing states to participate in international legal relations properlyand equally

13.State sovereignty is a unique feature only possessed by states

T Because national sovereignty is the supreme right of the state within its territory, and theright to other countries -> the right of the nation to be independent from its relations withother countries International organization Intergovernmental does not have this attribute

14.Only state can limit its own sovereignty

T National territorial sovereignty is a part of national sovereignty, affirming that country'sownership over its territory Each country has the full right to decide everything on itsterritory, not allowed to do so encroach on the territory and interfere in the internal affairs ofother countries National territorial sovereignty stops at the national borders; all thoughts andactions expressing national sovereignty extend beyond the national borders are acts ofinfringing upon the sovereignty of other countries and contrary to international conventions.National territorial sovereignty is absolute and inviolable; respect for national territorialsovereignty is a fundamental principle The Charter of the United Nations affirms theprinciple of equality of sovereignty among nations; no state may interfere with, or control, orinfringe upon the sovereignty of another state

15.International law influences and makes domestic law develop in light of more progression and humanitarian

T International law promotes the development and improvement of national law This isdemonstrated through the obligation to implement international law and the transformation of

international and national law That process makes national law develop in a progressivedirection under the influence of progressive principles of international law For example, inthe field of human rights, the progressive norms embodied in international human rightsconventions such as the set of International Human Rights Instruments have createdimportant human rights standards The fact that countries voluntarily comply and applymakes the laws of the countries more and more progressive and humane For example, theobligation to eliminate all forms of apartheid forms an important basis for the elimination ofapartheid in some African countries.

16.International intergovernmental organizations are a limited subject of international law

F Because NGOs are not subject to international law Only an intergovernmental

organization established in accordance with international law is a limited subject because it isagreed upon by the commiting states and assigned to it to exercise certain powers, therefore it

is the subject of a restriction may limit the regime of international law

17.Individuals and legal entities are special subjects of international law

F Currently, in modern international law relations, the subjects of international law include:– States, this is the basic and main subject of International Law

– Peoples are fighting for independence, this is a potential subject of International Law.– Intergovernmental international organizations, which are derivatives of International Law,formed by the cooperation of countries in many fields towards the interests of nations and thecommon interests of the community

– Other special subjects

Individuals and legal entities are not subject to international law

18 States is capable for participating in all areas of international life

F According to Article 15.8 of the treaty establishing the League of Nations, internationallaw plays a decisive role in determining the scope of the area of jurisdiction reserved for astate States in which the jurisdiction of a state is not bound by international law is ever-changing, depending on the international commitments of each state

As is the case with the nationality of nations, the state's freedom of decision is prepared to belimited by the state's commitments to other states At this point, the jurisdiction of the state is

in principle absolute limited by the provisions of international law Thus, there are still someareas where states limit their ability to participate in international life

1 Source of international law is the written expression of agreements between the subjects

of international law.

F: Because the source of international law is not only international treaties (written source)expressed in writing, but also (unwritten) sources are international practices

2 An international treaty is a legal document between states

T Article 2 p 1(a) of the Vienna Convention on the Law of Treaties defines "treaty" as: an

international agreement concluded between States in written form and governed byinternational law, whether embodied in a single instrument or in two or more relatedinstruments and whatever its particular designation;

So, An international treaty is a legal document between nations

Legal basis: point a, clause 1, article 2 of the Vienna Convention

3 International treaties are the only source of international law

F The source of international law is divided into principal source and subsidiary source

Principal sources include: treaties (conventions, agreements, charters, ) and internationalcustom

Subsidiary sources include: General principles of law (controversial); resolutions of IGOs(not mentioned un the Art 38(1) of the ICJ statute); judicial decisions (internationalprecedents); teachings of Jurists

Accordingly, international treaties are only a small part of the source of international lawLegal Basis: Article 38 Outside of the ICJ Statutes

4 All international treaties are result of the codification of customary international law.

F, International treaties and international practices have a dialectical relationship andinteraction This is reflected in the development of international law, with many customary

norms being replaced or developed into treaty rules In the process of making internationaltreaties, there are many customary norms that are gathered and codified by law makers intotreaty rules However, not all international treaties are the result of the codification ofcustomary international law, but there are also international treaties that contain newregulations that are agreed upon and built by states themselves., for example bilateral treatiesbetween two countries that are mutually agreed upon by the two countries More specifically,the exclusive economic zone regulation is only found in the 1982 Law of the Sea Convention

5 An international treaty must contain binding rights and obligations between parties.

T, In terms of content, an international treaty must recognize the legal rights and obligations

of international law subjects when entering into treaty relations In the general provisions oninternational treaties, for the content: note the principles or legal regulations on the rights andobligations of the contracting parties Accordingly, these principles or norms are mutuallybinding, but are established by agreement of the parties and are completely voluntary andequal Rights and obligations are therefore mandatory content of any convention

6 All agreements between subjects of international law are international treaties.

F Since the condition of an international treaty is to be signed in writing, the treaty must bethe subject of international law (ie, it must be sovereign states, peoples fighting forindependents, intergovernmental organizations, and some territories) An international treaty

is an international agreement concluded in writing between states and governed byinternational law, whether enshrined in a single instrument or in two or more interrelatedinstruments regardless of the circumstances tell me what the name is Agreement here isunderstood as an agreement between the subjects of international law with each other Anagreement between a party that is a country and legal or natural persons or a civil agreementbetween subjects of domestic law does not lead to the conclusion of an international treaty,but only to a domestic contract or international contract

So not all agreements are international treaties

Legal basis: point a, clause 1, article 2 of the Vienna Convention

7 All representatives of states participating in the negotiation and signing of international treaties must have a full power.

F full powers means a document emanating from the competent authority of a Statedesignating a person or persons to represent the State for negotiating, adopting orauthenticating the text of a treaty, for expressing the consent of the State to be bound by atreaty, or for accomplishing any other act with respect to a treaty;

Those who do not need to be full power:

In virtue of their functions and without having to produce full powers, the following areconsidered as representing their State:

(a) Heads of State, Heads of Government and Ministers for Foreign Affairs performing allacts relating to the conclusion of a treaty;

(b) Heads of diplomatic missions, adopting the text of a treaty between the accrediting Stateand the State to which they are accredited;

(c) Representatives accredited by States to an international conference or to an internationalorganization or one of its organs, adopting the text of a treaty in that conference, organization

or organ

Legal basis: Article 7 of the 1969 Vienna Convention on the Law of Treaties

8 All international treaties must be concluded by the same stages

F In general, the process of signing a treaty is carried out through two main stages:

Stage 1: Negotiation/Adoption and authentication of the text

Stage 2: Expressing consent to be bound bt a treaty

Sometimes these two stages overlap, mostly for simple treaties that are concluded bysignature

Legal basis: From articles 9 to 17 of the 1969 Vienna Convention on the Law of Treaties

9 Accession is not a form of acceptance to be bound to an international treaty

F The consent of a State to be bound by a treaty may be expressed by:

-Signature

- exchange of instruments constituting a treaty,

- Ratification

- or

- approval or

- accession or

- by any other means if so agreed

So, Accession is the act of a state expressing its consent to be bound to an internationaltreaty

Legal basis: Article 11 Vienna Convention

10.Ratification is the act of a state expressing its consent to be bound to an international treaty.

T The consent of a State to be bound by a treaty may be expressed by:

- by any other means if so agreed

So, Ratification is the act of a state expressing its consent to be bound to an internationaltreaty

Legal basis: Article 11 Vienna Convention

11.Ratification and approval are two stages of the conclusion process of an international treaty.

F In general, the process of signing a treaty is carried out through two main stages:

Stage 1: Negotiation/Adoption and authentication of the text

Stage 2: This is the stage of performing acts to show the country's binding to the internationaltreaty and have the value to create the enforcement effect of that treaty At this stage, thereare four acts to be performed, which are: signing, ratification, approval, and accession to atreaty.

Henceforth, ratification and approval are a stage of being legally binding

Legal basis: From articles 9 to 17 of the 1969 Vienna Convention on the Law of Treaties

12.Ratification and approval are both the confirmation of the consent to be bound to an international treaty.

T The consent of a State to be bound by a treaty may be expressed by:

- by any other means if so agreed

So, Ratification and approval are the act of a state expressing its consent to be bound to aninternational treaty

Legal basis: Article 11 Vienna Convention

13.Approval of a treaty is the next stage after ratification of the treaty

F Ratification is a legal act performed by the National Assembly or the President to acceptthe binding of a signed international treaty to the Socialist Republic of Vietnam Approval is

a legal act taken by the Government to accept the binding of a signed international treaty tothe Socialist Republic of Vietnam

Ratification and approval of international treaties are acts carried out by states and othersubjects of international law in order to confirm their consent to be bound to a certain

international treaty The basic difference between these two acts is in the competence to carryout the two acts and the content of the international treaty mentioned.

So ratification and approval are both legal acts to agree to be bound

Legal basis: Article 11 Vienna Convention

14.Ratification of a treaty can only be done before the treaty comes into force

T In general, the treaty signing process is carried out through three main stages:

Sign international treaties:

Ratification and approval of international treaties:

Accession to an international treaty:

Both the signing of a bilateral treaty and the signing of a multilateral treaty must go throughratification (signing a simple bilateral treaty without ratification) before the internationaltreaty comes into force

Legal basis: From articles 9 to 17 of the 1969 Vienna Convention on the Law of Treaties

15.A state that has signed an international treaty is obliged to ratify that treaty

F, Ratification of a treaty is the act of a state representative agency signing or acceding to aninternational treaty officially confirming the binding of the treaty to the country

The laws of all countries provide for the ratification of a number of types of internationaltreaties and a number of types of international treaties and agencies competent to ratify them.International treaties subject to ratification, those are treaties with provisions for ratification,treaties for which ratification, treaties whose signature requires a decision by the head ofstate, on behalf of the head of state government In the case of a bilateral treaty, therepresentatives of the parties shall exchange ratification notes in the capital of the contractingparty, if the capital of the other party is the place where the treaty signing ceremony tookplace If it is a multilateral treaty, notes of ratification are sent to the depositary of that treaty.The State also has the right not to ratify an international treaty signed by its representative.Thus, the country that has signed an international treaty has the right to ratify or not to ratifythat treaty

16.If a treaty requires ratification, it shall not bind on the state that has not ratified the treaty.

T According to the provisions of the Law on International Treaties 2016, “Ratification of atreaty is a legal act performed by the National Assembly or the President to accept thebinding of a signed international treaty to the Republic of China Socialist Republic ofVietnam”

Vienna Convention on the Law of Treaties A State agrees to be bound by a treaty byratifying:

a) When the treaty provides that this consent is indicated by ratification;

b) when it is clearly indicated by other means that the negotiating States have agreed to useratification;

c) when the representative of that State has signed the treaty with the reservation ofratification; or

d) When the intention of that State to sign the treaty with reservation of ratification isexpressed in the letter of authorization of the representative of that State or expressed in thecourse of negotiations

2 The consent of a State to be bound by a treaty is indicated by acceptance or approval underthe same conditions as for ratification

Thus, if a treaty requires ratification, it only imposes rights and obligations on the signatorycountry, it will not be binding on the state that has not ratified the treaty

legal basis: article 14 of the 1969 Vienna Convention on the Law of Treaties

17.Reservations are made for all treaties.

F Reservations are not exercised in respect of bilateral international treaties With regard to amultilateral international treaty in which there is a provision that this treaty prohibitsreservations, the right of reservation cannot be exercised For treaties that only allowreservations to certain specific provisions, the right of reservation will not be exercised withrespect to the remaining provisions For treaties that allow the freedom to choose the

reservation terms, the right of reservation is also not exercised with respect to the provisionsthat are not suitable for the purpose & object of the treaty.

Legal basis: Article 19 of the 1969 Vienna Convention on the Law of Treaties

18.Reservation of a treaty is a stage in the process of concluding a treaty

F The reservation of a treaty is not a stage in the process of signing a treaty, but in each stage

of signing a treaty, it is related to the reservation of a treaty

19.A treaty reservation is a statement issued by a State to change the validity of that treaty.

A treaty reservation is a declaration by a state to change the validity of that treaty.

T reservation of an international treaty is a unilateral declaration by which the states makethe declaration in order to change or eliminate the legal consequences of one or certainprovisions of an international treaty

20.A unilateral declaration by a state in order to end the consent to be granted by an international treaty is a reservation

T reservation of an international treaty is a unilateral declaration by which the states makethe declaration in order to change or eliminate the legal consequences of one or certainprovisions of an international treaty

Therefore, a State's unilateral declaration to terminate its consent to the implementation of atreaty is a reservation

21.States may make reservations at any stage of the process of concluding a treaty.

T The reservation of a treaty is not a stage in the process of signing a treaty, but in eachstage of signing a treaty, it is related to the reservation of a treaty

A State may, while signing, ratifying, accepting, approving or acceding to a treaty, makereservations at any time during the conclusion of the treaty

22.A reservation is available only when at least one State agrees to it

F As provided in paragraph 1 of Article 20 of the 1969 Vienna Convention on the Law ofTreaties: "Reservations are expressly permitted provided that the consent of the ContractingStates is not necessary, except in the case of convention provides for this consent"

According to the foregoing, the date of entry into force of a reservation does not necessarilyrequire a State to agree to the reservation, except in the cases provided for in Article 20 ofthis Convention.

Legal basis: Articles 20 of the 1969 Vienna Convention on the Law of Treaties

23.States may withdraw their reservations at any time.

T pursuant to paragraph 1 Articles 22 of the 1969 Vienna Convention on the Law of Treaties

"Unless the treaty otherwise provides, a reservation may be withdrawn at any time withoutthe consent of the State has approved the reservation"

Thus, States may withdraw their reservations at any time

Legal basis: Article 22 of the 1969 Vienna Convention on the Law of Treaties

24.Any consent to the reservation must be made in writing.

T Pursuant to paragraph 1, Article 23 of the 1969 Vienna Convention on the Law ofTreaties, prescribes the procedure relating to reservations "1 A reservation, expressacceptance of a reservation and objection to a reservation must be in writing written andcommunicated to the Contracting States and to States eligible to become parties to the treaty.Therefore, Any consent to the reservation must be made in writing

Legal basis: Article 23 of the 1969 Vienna Convention on the Law of Treaties

25.States acceding to an international treaty have the right to reserve one or more of the provisions of that treaty.

T The term "reservation" refers to a unilateral statement, whatever the spelling ordesignation, made by a State when signing, ratifying, accepting, approving or acceding to atreaty , thereby eliminating or changing the legal effect of certain provisions of the treatywhen applying them to that State This definition sets out three characteristics thatcharacterize a reservation: (1) its unilateral nature, (2) the timing of its release whenconsenting to be bound, and (3) the purpose of the reservation

Of the three factors mentioned above, the most important is the purpose of the reservation.When countries sign an international treaty, often countries will make different unilateraldeclarations Only unilateral declarations intended to "eliminate or alter the legal effect of

certain provisions of the treaty as it applies to the State making the reservation" areconsidered reservations.

Therefore, when participating in an international treaty, all countries have the right to reserveone or several provisions of the treaty

Legal basis: Article 2 of the 1969 Vienna Convention on the Law of Treaties

26.International custom has a lower legal effects than international treaties

T Because international custom is an implicit, unwritten agreement, it has been formed over

a long period of application, used, and widely recognized as non-binding norms and must beconsistent with fundamental principles of international law, while "treaty" refers to aninternational agreement concluded in writing between states and governed by internationallaw, whether recognized in a single document or in two or more related documents andwhatever its proper designation

Therefore, international custom has a lower legal value than international treaties

Legal basis: Article 2 of the 1969 Vienna Convention on the Law of Treaties

27.International custom can be formulated on the provisions of existing treaties

T International custom is the general rules of conduct, formed in the practice of internationalrelations and widely recognized by the subjects of international law as compulsory legalrules

International custom was formed very early Originally, international custom was the generalrules of conduct made by one or several countries and applied in their relations with eachother After a long and widespread application process and recognized by many countries aslegal norms, those codes of conduct have become international custom

Conditions for the formation of international practices are as follows:

First, that code of conduct must be applied over a long period of time in the practice ofinternational relations

Second, such codes of conduct must be widely recognized as legally binding norms

Third, that code of conduct must have content consistent with the basic principles ofinternational law

Therefore, international custom was formed after a long and widely applied process andrecognized by many countries as legal norms, those rules of conduct have becomeinternational custom, must be content is consistent with the basic principles of internationallaw So international custom can also be formed from existing treaties.

28.International custom may be applied in international relations between states in place

of international treaties

T International custom is the general rules of conduct, formed in the practice of internationalrelations and widely recognized by the subjects of international law as mandatory legal rules.International custom was formed very early In terms of origin, international custom is thegeneral rules of conduct established by one or several states and applied in their relationswith each other After a long process, widely applied and recognized as legal by manycountries, those codes of conduct have become international custom

In case a dispute arises but the contract does not contain specific provisions on disputesettlement and the relevant domestic laws and international treaties do not contain provisionsfor adjustment, the accepting agency shall , the adjudicator may apply international custom tosettle

1 The State has full and absolute sovereignty over all parts constituting its territory

The state has full and absolute sovereignty over all the constituent parts of its territory

F Because the sovereignty of the country over different territories is different Land:absolute sovereignty The waters are not absolute sovereignty The airspace has absolutesovereignty The underground area is implicitly recognized in international relations underthe absolute sovereignty of the country

Since the sovereignty of the country over the territories is different Land: absolute sovereignty The sea does not have absolute sovereignty The airspace is absolutely sovereign The underground area is implicitly recognized in international relations under the absolute sovereignty of the state.

2 The underground of a state consists of subsoil under the land and water under the sovereignty of that state

T The subsoil is the entire area under the land and water areas under national sovereignty

As a generally accepted principle, the subsoil extends to the center of the Earth

3 Airspace is the entire space that above the land of that state.

F Airspace is the space that covers the land and waters of a country In documents,international legal documents so far have not specified and uniformly defined the height ofnational airspace The actual implementation of each country's regulations is different Somecountries take back the high velocity of the limited flue gas layer, some countries take backthe high rate of geostationary sanitation

So the airspace includes not only the space above the land but also the space that covers thewaters of the country

4 Effective control over a territory requires the state to establish a necessary state mechanism for the purpose of controlling, managing and protecting the occupied territory and to exercising actual jurisdiction there.

F, Control is exercised through the operation of the system of legislative, executive andjudicial branches of the state The activities of these agencies cover all areas of the social life

of the country within its territory as well as in international relations

5 An abandoned territory is a territory that has never been under sovereignty of any state

F One of the principles of the principle of establishing sovereignty by possession is that theprinciple of actual possession stipulates a condition for a state to prove that a disputedterritory belongs to its sovereignty if the condition is met "Lands and islands possessed by acountry must be derelict territory, not located or no longer in the geographical andadministrative system of a country The occupation may apply to abandoned territory Terranullius or abandoned territory means a land or island that is not part of the administrativesystem of any country, or which once belonged to a country, but this country has renounced

it and has no intention of further exercising its sovereignty there Those derelict lands and

islands can become the object of possession of any country So the Abandoned Territory isnot the territory that has never been under the sovereignty of any country.

6 National borders are legal barriers drawn from the center of the earth through the land and water borders to limit the land, water, airspace and subsoil under the exclusive and complete sovereignty of the state.

T According to modern international law, a state border is a boundary that delimits one territory from another or from areas where a country has sovereign rights over the sea In other words, a national border is a legal barrier drawn in the center of the earth through national landmarks to limit the land, water, airspace and subsoil under complete and separate sovereignty of the country.

7 The size of population does not affect the identity of state.

T about the characteristics of Population to make up the nation

Permanent population

There must be people linked to a specific territory:

- on a more or less permanent basis, and

- who can be regarded as its inhabitants

• The size of population is not necessary

Diversified composition of population

From the above characteristics, population size is not a factor affecting national identit

8 All foreign individuals and organizations are subject to the jurisdiction of the host state.

FALSE

The legal regime for foreigners is often based on basic principles, one of which is theprinciple of special treatment Under this principle, the host country may grant a specificgroup of foreigners special legal status, under which they will enjoy special privileges thateven nationals of the host country can enjoy are also not entitled Foreigners entitled to theseprivileges and immunities include: those who enjoy diplomatic and consular status;foreigners who are entitled to the status under separate agreements (investors, experts, etc.)

9 The borders of a state include the borders established on land and at sea

F, National borders are usually composed of four basic border divisions, namely landborders, maritime borders, air borders and underground borders In which the land border isthe border line determined on the mainland, on the island, on the river, on the border lake, onthe inland sea The maritime boundary is the outer boundary of the territorial sea Thesubterranean boundary is the plane defined by the land and sea borders of the countryextending to the center of the earth The airspace boundary of a country is the boundary thatseparates the airspace under the sovereignty of one country from the airspace under thesovereignty of another country or the airspace under the sovereignty of a country frominternational airspace

10 Land borders shall be determined by each state itself

F The land border is established on the basis of an agreement between the countries whoseterritories are adjacent to each other, and is represented by the border demarcation treatiesbetween the countries concerned Therefore, the land border is not determined by eachcountry, but must be established on the basis of an agreement between countries withadjacent territories

11 The population of a state is all citizens of that state

F, From an international legal perspective, based on nationality, a country's population willinclude two parts:

- Citizens (nationals of that country): this is the most important part and makes up themajority of the population of a country

- Foreign nationals, including dual or multiple nationalities Currently, the term "foreigner"also includes stateless people

So the population of a country includes not only its citizens but also foreign nationals

12 The legal status of different kinds of the population is different

T, The legal status of the population in each country in particular and at the internationallevel in general has changed depending on historical development periods, socio-economicregime, characteristics and level of development common development of each country

-In each different state regime, the legal regime on population is also different In otherwords, the relationship between the state and sections of the population in different stateregimes (types of state) is not the same.

-In different countries, people have different legal status Each country will stipulate a legalregime on population in accordance with the socio-economic regime in their country

With regard to the legal regume of foreigners, not in any relationship a foreigner is entitled tothe same treatment as a citizen In many areas foreigners do not have the rights that citizens

of the host country enjoy such as the right to vote and stand for election: the night to operate

in some professions So the legal status of different types of population is different

13 The relationship between the state and the citizen shall not be disconnected when the citizen resides abroad

F, Termination of nationality relationship (loss of nationality) is the termination of theexistence of a sustainable and stable legal relationship between an individual and a certaincountry And one of the cases of termination of the nationality relationship has provisions forautomatic loss of nationality Countries have provisions under certain circumstances underwhich the automatic loss of citizenship means that the person resides in a foreign country anddoes not return to the country for a specified period of time Therefore, the relationshipbetween the State and the citizen can be severed when the citizen settles abroad and does notreturn to the country for a specified period of time

14 Dual citizenship is a legal status that arises beyond the will of relevant states

TRUE The issue of dual citizenship is due to different reasons, but mainly is the conflict oflaws between countries on how to acquire and lose citizenship The dual citizenship situationoccurs due to the following reasons:

-A child born in the territory of a country whose nationality law applies the law of place ofbirth and the child's parents are citizens of a country whose nationality law applies theprinciple of descent

- Children with parents of different nationalities whose nationality the laws of both countriesdetermine their nationality for that child

- A person who has been granted another nationality but has not lost his old nationality

The fact that a person has dual citizenship is contrary to the principle that each person hasonly one nationality, leading to complications in international relations, especially indiplomatic protection, enjoyment of rights and fulfillment of citizenship obligations.Therefore, dual citizenship is contrary to the uniqueness of national sovereignty So DualCitizenship is a legal status arising out of the will of the countries concerned

15 An individual cannot have two or more nationalities at the same time

F, There are cases where a person can have dual citizenship Dual citizenship is a situation

where a person has two citizenships at the same time, in other words, the laws of bothcountries consider that person to be their own citizen and at the same time require that citizen

to have obligations towards the state A case of multiple nationalities is a case where a personhas more than one nationality at a time, which can include dual citizenship

16 Any person who loses his/her nationality becomes a stateless person

F, Statelessness can be caused by the will of the people involved or through no fault of theirown This situation usually occurs in the following cases

- A person who has lost his/her old nationality (due to renunciation deprivation of nationality,automatic loss of nationality) but has not yet been allowed to enter a new nationality ofanother country

- Due to conflicts over how to get citizenship of countries

Besides in cases of termination of the nationality relationship Renunciation is intended tocreate favorable conditions for an individual, such as satisfying the requirement ofrenunciation to enter a new nationality, or to eliminate dual citizenship So there are caseswhere people lose their nationality in order to get citizenship in another country Or it is thecase that some people lose their nationality only during the period when they have lost theirold nationality but have not been able to gain a new nationality in another country Therefore,not everyone who loses his/her nationality becomes a stateless person

17 All foreigners who fully meet the conditions prescribed by the laws of the host state shall become citizens of that state

On the basis of nationality, the population of a country will consist of two parts:

- Citizens (nationals of that country): this is the most important part and makes up the vastmajority of the population of a country

- Foreign nationals, including dual or multiple nationalities Currently, the term "foreigner"also includes stateless people

So the population of a country will include citizens and foreign nationals Citizens are onlythose who hold the nationality of that country Foreign nationals, including dual or multiplenationalities, or even stateless people So, even if foreigners fully meet the conditionsprescribed by the law of the host country, they still do not become citizens of that countrybecause citizens only have those who hold the nationality of that country

If foreigners do not hold the nationality of that country, they will not become citizens of thatcountry

18 Under international law, the acquisition of territory by use of force is no longer acceptable.

T, Before the entry into force of the Charter of the United Nations, the use of force andaggression were not fundamentally contrary to international law Thus, in the past the work

of invading and acquiring and annexing another country's territory through war was legal, acommon occurrence This meant that in the past any country with a strong enough army andcapabilities could legally expand its territory, whether it was France, Great Britain orVietnam, China, or Japan

After 1945, the principle of prohibiting the threat of use or the use of force was born andquickly became an international custom to compel all countries The introduction of thisprinciple removed the legitimacy of the method of acquiring territory by force andaggression Accordingly, the use of force to occupy the territory of another country can neverbring the title of legitimate sovereignty to the state using force

2 The United Nations Convention on the Law of the Sea (UNCLOS) applies to coastal states only.

F The United Nations Convention on the Law of the Sea (UNCLOS) applies not only tocoastal states, but also to landlocked countries, as long as that country participates ininternational relations in terms of visitation activities exploration and exploitation of living

and non-living resources of the sea and the seabed, with the task of protecting the marineenvironment from pollution,

3 The United Nations Convention on the Law of the Sea (UNCLOS) applies to member states of the United Nations only.

F The United Nations Convention on the Law of the Sea (UNCLOS) applies not only tomember states of the United Nations, but also to countries that are not members of the UnitedNations, as long as that country participates in international relations in terms of visitationactivities exploration and exploitation of living and non-living resources of the sea and theseabed, with the task of protecting the marine environment from pollution,

The United Nations Convention has grown into international practice with 168 members

4 The coastal state does not have sovereignty over all maritime zones

T Sovereignty of the coastal state is the sovereign right of the state exercised within its

waters The coastal states have sovereignty over their internal waters and territorial sea aswell as over the airspace above, the seabed and the subsoil below them Article 8 of the 1982Law of the Sea Convention stipulates that in internal waters, a coastal state has complete andabsolute sovereignty as over its land territory Article 3 of the 1982 Law of the SeaConvention states: The coastal states have sovereignty over the territorial sea; absolutesovereignty over the seabed and subsoil of the territorial sea; absolute sovereignty over theairspace above the territorial sea However, sovereignty here is not absolute as in internalwaters; because, in the territorial seas of the coastal States, ships and boats of other States areentitled to innocent passage.)

And there is no sovereignty over the contiguous zone, exclusive economic zone, continentalshelf

Legal basis: Article 3,8 of the United Nations Convention on the Law of the Sea

5 All maritime zones are measured from a baseline.

T Article 3 of the United Nations Convention on the Law of the Sea 1982 stipulates that theterritorial sea is the sea beyond the baselines and has a maximum breadth of 12 nauticalmiles

The contiguous zone is the sea beyond and adjacent to the territorial sea The breadth of thecontiguous zone does not exceed 12 nautical miles (Article 33 of this Convention).

Exclusive economic zone It is the sea beyond the territorial sea and is 200 nautical mileswide from the baselines

Legal basis: Article 3,33,57 of the United Nations Convention on the Law of the Sea

6 Vessels are means that have engines and operate on the surface of the sea

F Vessel is a vehicle operating on or under water including ships, boats and other motorized

or non-motorized vehicles

So not only motorized vessels operating at sea, but also motorized or non-motorized vesselsoperating at sea or under the sea For example: sailboats, submarines,

7 All state vessels are entitled to an absolute immunity from jurisdiction of coastal states.

F Coastal States are exempt from jurisdiction over government warships and commercial vessels But if any warship fails to respect the laws and regulations of the coastalstate concerning passage in the territorial sea and defies the requirement to comply with suchlaws and regulations, it shall be notified to them , the coastal State may require the vessel toleave its territorial sea immediately

non-Responsibility of the flag states for non-compliance acts of their ships/vessels: The flag Stateshall bear international responsibility for any loss or damage to the coastal State resultingfrom the non-compliance by a warship or other government ship operated for non-commercial purposes; The flag state is requested to apply sanctions to crew members whocommitted offenses

Legal basis: articles 30 and 31 of the United Nations Convention on the Law of the Sea)

8 The internal water of a coastal state is the entire seawater lying within the baseline used

to measure the territorial sea width.

T According to Article 8 The United Nations Convention on the Law of the Sea providesthat

"1 Except as provided for in Part IV, the waters inside the baselines of the territorial sea are

in the internal waters of the State."

According to the above provisions, internal waters are sea areas located entirely within acountry; Is part of the territory of the coastal state; The sea area is inside the baseline

Legal basis: Article 8 of the United Nations Convention on the Law of the Seau

9 A coastal state only has absolute and exclusive sovereignty over its internal waters.

T Internal waters: The country has full sovereign rights

Territorial Sea: State whose full Sovereignty depends on the right of innocent passage

Internal Waters: State has full sovereign authority Territorial Sea: Slate has full Sovereignauthority subject to rights of innocent passage

Continuous Zone: Certain limited right to protect territorial sea

EEZ: Exclusive rights to resources

Continental Shelf: Exclusive rights to shelf resources

States have absolute and separate sovereignty, sovereign jurisdiction over their internalwaters as well as over other territories

10.Foreign vessels wishing to enter the internal waters of a coastal state must seek prior permission in all cases.

F Foreign ships wishing to enter the internal waters of a country must obtain permissionfirst, but except in the following cases:

Distress • Technical problems Suco by defeat

- Rescue at sea Gubbin

Force majeure (storm, earthquakes )

- If a baseline (established according to UNCLOS Art 7) enclosed as internal waters whichhad not been considered internal (innocent passage)

Legal basis: Article 7 of the United Nations Convention on the Law of the Sea

11.The straight baseline of a coastal state is a system of lines connecting points of specified coordinates on the furthest extension of the coast

F According to the provisions of Articles 5, 7, of the 1982 Convention on the Law of theSea, there are the following types of baselines:

- Normal baselines: Unless otherwise provided for in the Convention, the normal baselineused to calculate the breadth of the territorial sea is the low-water line along the coast, asshown on the Ratio chart A large percentage has been officially accepted by the countriesbordering the formula

- Base line:Where the coastline is deeply indented and concave or if there is a chain ofislands immediately adjacent to and running along the coast, the baseline method connectingappropriate points can be used to draw the baseline used to draw the baselines from whichthe breadth of the territorial sea is measured

+ Where the coast is extremely unstable with a delta and other natural features, suitablepoints can be selected along the low tidal line with inshore displacement, the baselinesoutlined will remain in effect until the coastal States have properly revised them inaccordance with the Convention

Thus, the above statement is a statement of the Normal Baseline, not the straight baselineLegal basis: Article 5, 7 of the United Nations Convention on the Law of the Sea

12.The right of innocent passage is not an absolute freedom of navigation of foreign vessels.

T According to Article 17 of the United Nations Convention on the Law of the Sea stipulatesthe right of innocent passage: "As long as the Convention is complied with, ships of allnations, whether sea or not at sea, enjoy the right of passage: innocent passage in theterritorial sea." and provided that ships do not prejudice the peace, order or security of thecoastal States

Coastal States may establish their own laws and regulations relating to innocent passage.When exercising the right of innocent passage in the territorial sea foreign vessels mustcomply with these laws and regulations this regulation, as well as all generally acceptedinternational regulations relating to the prevention of collisions at sea If violated, the coastalState may take the necessary measures within its territorial sea to prevent any harmfulpassage

Legal basis: Article 17,21,25 of the United Nations Convention on the Law of the Sea

13.Coastal state's sea border is the outer boundary of the territorial sea

T The national boundary line at sea is basically understood as the outer boundary of theterritorial sea as prescribed in Article 11 of the Law on the Sea of Vietnam 2012

In addition, according to Article 2 of the United Nations Convention on the Law of the Sea

1982 stipulates the following content: "The sovereignty of a coastal state extends beyond itsterritory and internal waters to an contiguous sea, under the name of territorial sea and whosebreadth does not exceed 12 nautical miles"

National maritime boundaries according to the provisions of current law are specificallyplanned and marked with coordinates on the chart as the outer boundary of the territorial sea

of the mainland, the territorial sea of islands, and the territorial sea of the archipelago ofVietnam is specifically determined in accordance with the provisions of the United NationsConvention on the Law of the Sea 1982 and international treaties between the SocialistRepublic of Vietnam and relevant countries

Legal basis: Article 11 of the Law on the Sea of Vietnam 2012; Article 2 of the UnitedNations Convention on the Law of the Sea

14.Coastal state's sea border is the boundary defining the internal waters and territorial sea of one state from the internal waters and territorial sea of another state.

F The maritime boundary of a coastal state is a boundary defining the internal waters andterritorial sea of one country with the internal waters and territorial sea of another country,only true in case the two countries are opposite or adjacent to each other If two countries aretoo close to each other and the internal waters and territorial sea of one country overlap withthe internal waters and territorial sea of another country, the national maritime boundary isnot a definite boundary

15.Contiguous zone is a part of the exclusive economic zone.

T The contiguous zone is the sea beyond and adjacent to the territorial sea The breadth ofthe contiguous zone does not exceed 24 nautical miles from the baselines

Exclusive economic zone An area outside the territorial sea, 200 nautical miles from thebaselines.

So the contiguous zone is part of the exclusive economic zone

Legal basis: Article 33, 57 of the United Nations Convention on the Law of the Sea

16.The outer boundary of the contiguous zone is a line not exceeding 24 nautical miles from the baseline.

T According to Article 33 of the United Nations Convention on the Law of the Sea: "2 Thecontiguous zone shall not extend beyond 24 nautical miles from the baselines from which thebreadth of the territorial sea is measured

From the foregoing, the outer limit of the contiguous zone is the line not exceeding 24nautical miles from the baselines

Legal basis: Article 33 of the United Nations Convention on the Law of the Sea

17.Exclusive economic zone means a maritime zone lying outside and adjacent to a territorial sea, with a width not exceeding 200 nautical miles from the baseline.

T According to Article 55 of the United Nations Convention on the Law of the Sea, whichprovides for the exclusive legal regime of the exclusive economic zone: "The exclusiveeconomic zone is an area beyond the territorial sea and adjacent to the territorial sea underthe separate legal regime provided for in this part, under which the rights and jurisdiction ofthe coastal State and the freedoms of other States are governed by the appropriate provisions

of the Convention ."

Therefore, the exclusive economic zone is the sea area located outside and adjacent to theterritorial sea, with a width not exceeding 200 nautical miles from the baseline

Legal basis: Article 55 of the United Nations Convention on the Law of the Sea

18.The continental shelf is the extension of the coastal state's territory

F According to Article 76 of the United Nations Convention on the Law of the Sea, thecontinental shelf defines the continental shelf: "1 The continental shelf of a coastal Stateincludes the seabed and subsoil of the seabed beyond its territorial sea , over the entirenatural extension of its land territory to the outer edge of the continental margin, or to 200

nautical miles from the baselines from which the breadth of the territorial sea is measured,when the outer edge of the continental margin of that country at a closer distance.

Thus, the continental shelf is the natural extension of the land boundary, not the territorialextension of the maritime state

Legal basis: Article 76 of the United Nations Convention on the Law of the Sea

19.The body of sea water above the continental shelf is the exclusive economic zone

F The exclusive economic zone is the sea area beyond and adjacent to the territorial sea,with a width not exceeding 200 nautical miles measured from the baselines So the length ofthe exclusive economic zone is at most 200 nautical miles

The continental shelf may extend up to 350 nautical miles from the baseline Where the outeredge of the continental shelf exceeds 200 nautical miles from the baseline, the continentalshelf there may extend not more than 350 nautical miles measured from the baselines or notmore than 100 nautical miles from the 2,500 meter isobath

Thus, on the continental shelf, in addition to the exclusive economic zone, there is also thesea

Legal basis: Article 57, 76 of the United Nations Convention on the Law of the Sea

20.The continental shelf of a coastal country is the entire seabed and subsoil of the sea bed bordering the coast of that country.

F According to Article 76 of the United Nations Convention on the Law of the Sea, thecontinental shelf defines the continental shelf: "1 The continental shelf of a coastal Stateincludes the seabed and subsoil of the seabed beyond its territorial sea, above the entirenatural extension of its land territory to the outer coast of the coastal State continentalmargin, or up to 200 nautical miles from the baselines from which the breadth of theterritorial sea is measured, when the outer edge of the continental margin of that State iscloser

The continental shelf is measured from the outer boundary of the territorial sea, and theinterior below the internal waters and the territorial sea is the subsoil

Legal basis: Article 76 of the United Nations Convention on the Law of the Sea

21.The minimum width of the continental shelf is 200 nautical miles from the baseline.

According to Article 76 of the United Nations Convention on the Law of the Sea, thecontinental shelf defines the continental shelf: "1 The continental shelf of a coastal Stateincludes the seabed and subsoil of the seabed beyond its territorial sea, above the entirenatural extension of its land territory to the outer coast of the coastal State continentalmargin, or up to 200 nautical miles from the baselines from which the breadth of theterritorial sea is measured, when the outer edge of the continental margin of that State iscloser

Therefore, the minimum width of the continental shelf from the baseline is 200 nauticalmiles

Legal basis: Article 76 of the United Nations Convention on the Law of the Sea

22.The maximum width of the continental shelf is 350 nautical miles from the baseline.

When the outer edge of this continental margin is wider than 200 nautical miles from thebaselines, the continental shelf there extends not more than 350 nautical miles from thebaselines or not more than 100 nautical miles from the isobath 2,500

Legal basis: Article 76 of the United Nations Convention on the Law of the Sea

23.The inner boundary of the continental shelf is the baseline used to calculate the territorial sea width.

F According to Article 76 of the United Nations Convention on the Law of the Sea, thecontinental shelf definition: "1 The continental shelf of a coastal State includes the seabedand subsoil of the seabed outside the territorial sea of the State then, over the entire naturalextension of its land territory to the outer edge of the continental margin, or to a distance of

200 nautical miles from the baselines from which the breadth of the territorial sea ismeasured, when the outer edge of the mainland of that country at a closer distance.:

From the above regulation, the inner limit of the continental shelf is the outer limit of theterritorial sea (national boundary), and the line used to calculate the breadth of the territorialsea is the baseline

Legal basis: Article 3, Article 76 of the United Nations Convention on the Law of the Sea

24.High sea means the waters located outside the internal waters, territorial sea, contiguous zone, exclusive economic zone of other states.

T According to article 86 of the United Nations Convention on the Law of the Sea: "ThisPart applies to all sea areas that are neither within the exclusive economic zone, territorial sea

or internal waters of a State nor within the zone archipelagic state of an archipelagic State.This shall not in any way limit the freedoms enjoyed by all States in the exclusive economiczone under Article 58."

The high seas are the waters outside the internal waters, the territorial sea, the contiguouszone, the exclusive economic zone of another country

Legal basis: Article 86 of the United Nations Convention on the Law of the Sea

3 Is international law a real law?

International law is not law in the national sense

Because: It is a legal system, built by countries on the basis of negotiated agreements Whenthere is a violator, there is no supervisory agency, no law enforcement agency, noenforcement authority

4 Why do we need international law?

We need International Law because International Law has the role of:

- Important tools and factors to protect international peace and security in order to protect theinterests of the parties in international relations

- The platform regulates country relations Trends can be predicted

- Being the most important and necessary tool and factor for maintaining international peaceand security, eliminating the risk of nuclear war

- International law recognizes legal standards on human rights, and is also a tool of theinternational community to protect human rights

- International law is a legal instrument to settle disputes arising in international activities ofinternational law subjects

- International law is recognized as the standards of justice, fairness assessment of right andwrong, "right" and "wrong" related to the behavior of states in international relations.

Playing a particularly important role in the development of human civilization, promoting theinternational community to develop in the direction of becoming more civilized

Promote the development of international cooperation relations, especially internationaleconomic relations in the current context

5 How did international law come in existence? The introduction of qt law

7 How are norms of international law created?

A norm of international law is a code of conduct created by agreement between states andother subjects of international law, or jointly recognizing their binding legal validity From anew perspective: The basis of existence of the relationship between international law andnational law must be considered from the perspective of Theory of State and Law

The norm of international law is the core of the international legal system structure Code ofinternational law differs from the norms (such as codes of ethics, political codes) and otherrules (such as rules of international concessions) in the international system in that it islegally binding on people subject of international law The basis of the mandatory effect ofinternational law is not explained by the power of supranational power, exercised by acommon international body or institution, but by the agreement of states on the basis ofinternational law its own interests; by consciously complying with the international law ofthe country, based on basic principles such as the principle of Pacta sunt servanda; by thepower of the world's progressive public opinion and by its nature being adjusted to a certainorder of social relations when existing in the presence of the state and the law

8 How will international law be enforced?

9 Why do states comply with international law?

10 What are principles of international law?

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