INTRODUCTION TO

THE COURSE AND

TOPIC
VU VAN NGOC, PHD
NGOCVV@NEU.EDU.VN
WHAT IS IL?

• The law that governs the relations

between States.
• Public International Law vs Private
International Law.
INTERNATIONAL LAW

• Defining International Law

• “The body of rules that has been accepted as such by the international community”
• Distinguishing characteristics:
• Consists of rules countries agree to follow
• Has no global authority for enforcement
INTERNATIONAL LAW

• Public and Private International Law

• Public International Law

• Governs the conduct of nations with other nations or in

their relationship with individuals; norms regarded as
binding on all members of the international community
• Examples of issues: resolving boundary disputes or how
nations treat foreign citizens
INTERNATIONAL LAW

• Public and Private International Law

• Private International Law
• Deals with the rights and responsibilities of private individuals or corporations operating in an
international environment

• Sources of International Law

• International treaties and conventions
• International custom
• General principles of law recognized by civilized nations
INTERNATIONAL LAW AS LAW

IL is law created by
States through their
consent and Domestic law is created
agreement. by States authorities
binding individuals
without their consent.
CHARACTERISTICS OF INTERNATIONAL LAW

• Legal and binding through the States’ recognition and

dispute settlement.
• Principles of reciprocity and consent (rather than on
command, obedience and enforcement).
• A horizontal legal system, with three basic functions all
arranged horizontally on an international plane.
CHARACTERISTICS OF INTERNATIONAL LAW

• Sovereignty
• Pacta sunt servanda: agreed rules are binding and have to
be fulfilled.
HOW DOES IL OPERATE IN THE REAL WORLD?

WTO
GATT

GATS
TRIP
S
TRIM
S
CONSENT

• The emphasis on State consent as the basis for validity and

legitimacy of positive international law.
• States are independent, autonomous, and sovereign.
HOW EFFECTIVE • There is no supranational
IS IL IN organisations to enforce the IL.
ALTERING THE
ACTIONS OF • The United Nation Security
STATES? Council
• The Peacekeeping Force
 • Equality of states;

UN GENERAL • The prohibition on the threat or use

ASSEMBLY of force;
RESOLUTION
• The duty of non-intervention;
2625 (XXV) (1970)
FRIENDLY • The duty to cooperation;
RELATIONS
DECLARATION • Self-determination of peoples;
• Good faith.