Prove that the nature of public international law is the consent among its subjects

MINISTRY OF EDUCATION AND TRAINING HOA SEN UNIVERSITY HOA SEN UNIVERSITY WORLD CLASS EDUCATION FINAL REPORT SUBJECT: INTERNATIONAL PUBLIC LAW TOPIC: PROVE THAT THE NATURE OF PUBLIC I

MINISTRY OF EDUCATION AND TRAINING

HOA SEN UNIVERSITY

HOA SEN UNIVERSITY WORLD CLASS EDUCATION

FINAL REPORT

SUBJECT:

INTERNATIONAL PUBLIC LAW

TOPIC: PROVE THAT THE NATURE OF PUBLIC INTERNATIONAL LAW IS THE CONSENT AMONG ITS

SUBJECTS

Ho Chi Minh City, 2024

FINAL REPORT

Subject : International Public Law

Group :3

Topic : Prove that the nature of Public international law is the consent among its

subjects

1 | Dương Trần Quốc Huy 22113398 Content 100%

5 | Nguyén Tran Khanh Tran | 22103512 Content 100%

10 | Tran Nguyễn Quốc Thái | 22112000 Content 100%

TABLE OF CONTENT

1 Introducfion - s5 s55 HH mi in thứ 3

2.2 What is the subject of International LaW ? co so Y n1 Ỳ se ssse 3

3 The consensus in International LAW - - 5c mm mm ch 4

3.1 The nofion 0Ÿ COTS€TSUS s 5 5 5 HH HH me nh 4

3.2.2 LeglfimaCy cọ Họ lọ H cm mg TÝ mm ni 01m9 m6 5

3.3 States do it by COMSENSUG sessssessessesssssssssssssssnessssssssssssesenesses sesseeses ones 6

4 The reason why international relations formed based on agreements between

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5 Basic differences between International law and National law on consensus.10

6 Some examples about international 4ØF€€IT€TIẨS 55-55 se 55s se 11

7, CONCÏUSIOH o0 G0 SH Họ H cm TH cm lọ li m0 8 5 0 6 12

1 Introduction

These days, comprehensive international cooperation 1s becoming an increasingly common trend Consensus emerges from that trend as a essential element

in international relations Furthermore, there's a reason why consensus is essential to global cooperation, because it directly adjusts the interests of subjects involved in international relations

In this essay, we will clarify the significance of consensus in international law

2, International law in general

2.1 Define of international law

International law is an important legal field that describes and regulates the

rules and principles applicable in the relations between different countries and various

international legal entities

“International law 1s a system of principles and legal norms established through

voluntary and equal agreements among nations and other subjects of international law,

with the aim of regulating the relationships that arise between countries and those entities in all areas of international life It consists of general principles and norms that apply universally, without distinguishing the nature, form, or status of each country

when establishing international relations between these entities”

2.2 What is the subject of international law?

The subjects of International Law are entities participating in relationships international law independently, with full international rights and obligations the ability to shoulder international legal responsibilities resulting from one's own conduct cause, including:

- Nation

- International intergovernmental organization

- Peoples are fighting for the right to self-determination

- Special subjects of international law

- Subjects of international law

In modern international legal relations, the subjects of international law include:

States, this 1s the basic and main subject of International Law: According to the

provisions of Article 1 of the 1933 Montendevio Convention on the rights and obligations of states, states include the following basic elements:

- Defined territory

- Stable population

- Have effective government

- Able to independently participate in international relations

In terms of international law, a defined territory is understood as a country that must have borders to delimit its territory and borders with other countries

A country with a stable population means that the majority of the population

living and residing permanently on the national territory are citizens of the country,

and they have full rights and obligations basic of citizens of that country

In addition to the elements that constitute a country in terms of territory, population and Government, a country only has the status of a subject of international law when it is a sovereign country In modern international relations, national sovereignty is considered the supreme right of nations Sovereignty is expressed in

domestic and foreign affairs

3 The consensus in international law

3.1 The notion of consensus

The foundation of international law is state consent As recognized by international courts and tribunals, the concept of consensus is central to public international law It can be viewed from both a formal and a substantive standpoint

From a formal perspective, consensus is a decision-making mechanism within the institutional framework This mechanism is characterized by the adoption of decisions in the absence of objections, and thus does not necessitate a formal vote

From a substantive point of view, consensus denotes a general agreement among the subjects operating in the international system It represents their fundamental and shared interests and convictions, allowing them to both identify the content of international rules applicable to their relations and claim their binding nature

3.2 The essence of consensus

3.2.1 Compliance

Consent is a highly imperfect proxy for state willingness to comply with legal

rules State commitments are frequently a form of exchange in which each state

agrees to comply only in exchange for a reciprocal promise from the other state That

states have consented does not ensure that they wish to or will comply Examples

abound, including the prohibition on the use of force, numerous multilateral environment agreements, human rights commitments, investment agreements,

3.2.2 Legitimacy

Legitimacy stands in for good rule-making Both delegated rule-making and dispute resolution feature a form of consent Participating parties consent to the procedural rules by which decisions are made and legitimacy can be found in this form

of consent

3.2.3 Welfare

The third essence is that requiring states' consent to create international rules is more functional than either a desire to encourage compliance or a perceived link between consent and legitimacy

3.3 States do it by consensus

The consent problem

When there is a common problem between countries, they must consider the solution to that problem through two separate influences

The first is the efficiency effect, the consideration of which is an important part

of the international negotiation process This efficiency effect is often related to the

positive changes that countries can achieve through cooperation and consensus

It is generally expected that countries will enter into agreements or negotiations with the belief that they will benefit from the positive outcomes of the measures they

agree on

However, there are cases when the interests of some countries may conflict with

those of others, and sometimes consensus may require deliberate negotiation to ensure

that every party feels fair and satisfied with the outcome

The second is the distribution effect, which is an important aspect of the

process of negotiating and implementing international agreements This effect involves

the distribution of the benefits or burdens of a decision or measure among different

actors or units The primary concern is how the benefits and losses are distributed and whether it is fair to the parties involved

Consensus in international negotiations is crucial because multilateral trade

negotiations become more cumbersome and difficult over time The most recent round

of trade negotiations, the Doha Round, was launched in 2001 and continues today, largely because there is no sign of consensus Add to this the inevitable strategic posture of all parties and reaching an agreement becomes an enormous challenge

Here we see one reason why the problem of consent is more serious today than

in the past The steadily increasing interdependence between nations has created a much larger set of challenges Strategies that may have worked 50 or 100 years ago will no longer be enough to solve urgent problems

Overall, consensus is not only an important factor but also the key to building a cooperative, stable and developed international community

Effective Implementation: The mutually decided consensus of the negotiating

parties ensures that measures and decisions are implemented effectively When there is consensus, the ability to negotiate 1s higher and the parties regularly support and fulfill their commitments

Maintaining Peace and Stability: In negotiations between nations, consensus can play an important role in maintaming peace and stability Agreements and

facilitation can help prevent conflict and facilitate global cooperation

Encouraging Global Cooperation: Consensus embraces the spirit of global cooperation, where countries work together to solve common challenges, from climate

change to economic management

Facilitating Development: International agreements can facilitate economic and social development, especially for developing countries Agree to help develop

plans and support policies for sustainable development

Preventing Conflict: Avoiding conflict is one of the main goals of international

negotiations Consensus helps minimize inconsistencies and conflicts between

countries, reducing the risk of conflict and war

Enhancing Social Security and the Environment: International agreements may contain commitments on social protection and environmental protection Consensus 1n this area can play an important role in minimizing negative impacts and

protecting people and the environment

To achieve consensus and sustainability, the negotiation process often must consider and resolve issues related to distributional effects in a fair and sustainable

manner

The international legal system, where nothing is as trustworthy as a government In particular, there is no legislative body or authority capable of forcing

states to take actions for the common good Collective decision-making between

countries remains a consensus-based process

4 The reason why international relations formed based on agreements between parties

International relations are formed based on agreements among parties for several reasons, reflecting the complexities of interactions between sovereign states

Here are some key reasons:

Mutual Benefit: Nations enter into agreements when there is a perceived mutual benefit Agreements can involve economic cooperation, military alliances,

cultural exchanges, or other forms of collaboration that enhance the well-being or

security of the involved parties

Conflict Resolution: Agreements can help resolve disputes or conflicts between nations Diplomatic negotiations and treaties aim to find common ground and establish rules for behavior, reducing the likelihood of misunderstandings or hostilities

Legal Framework: Agreements provide a legal framework for interactions

between states Treaties and conventions establish rules and norms that govern various aspects of international relations, such as trade, human rights, and environmental

protection

Stability and Predictability: Agreements contribute to international stability

by creating a predictable environment States can rely on established agreements to

guide their actions, reducing uncertainty and the risk of conflicts

International Law: Agreements contribute to the development of international law Treaties and conventions often set precedents and contribute to the evolution of

norms that guide the behavior of states in the international system

Cooperation on Global Issues: Many global challenges, such as climate change, terrorism, and pandemics, require coordinated efforts by multiple nations

Agreements and international organizations provide mechanisms for states to work

together to address these challenges

Promotion of Common Values: States often form agreements based on shared values, principles, or ideologies These agreements can foster a sense of community and cooperation among like-minded nations

Trade and Economic Cooperation: Economic agreements, such as trade

agreements and regional economic blocs, facilitate economic cooperation and growth Nations often seek to enhance their economic well-being through mutually beneficial

trade arrangements

Power and Influence: Agreements can be a tool for states to project power and influence By forming alliances or partnerships, states can amplify their diplomatic, economic, and military capabilities

Norms of Diplomacy: Diplomacy is a fundamental aspect of international

relations, and agreements are often the result of diplomatic negotiations Engaging in

diplomatic dialogue and reaching agreements are seen as essential tools for resolving differences peacefully

The North Atlantic Treaty Organization

(NATO) is an example where international relations are governed by a contract The NATO treaty outlines the collective defense commitment among member states,

emphasizing mutual assistance in response to an armed attack, showcasing how formal

agreements solidify diplomatic relations between nations

In the context of international relations, an enforced deal typically refers to a situation where the terms of an agreement or treaty are actively upheld and

unplemented In the case of NATO, the collective defense commitment means that

member states are expected to come to the aid of any member that experiences an armed attack The enforcement of this deal involves coordinated military responses to ensure the security and defense of the entire alliance

In summary, agreements in international relations are formed to promote mutual interests, resolve conflicts, establish legal frameworks, provide stability, address global