TOPIC 1: STATE AND LAW

I. Origin of States and Law

- Non- Marxist theories:
+ Theories of Violence / Psychological theory (Law is people’s intuition
about the right way to behave)
+ Theology (Law is created by God)
+ Social Contract Theory (Law represents the general will of the
community)
- Maxist theory:
Primitive community (XH nguyên thủy)/ classless society
↓
Class society → State
3 times of labor specializations
Private ownership occurs
- What is a state?
+ Special political organization
+ Protect the rights and interests of the ruling classes
+ Maintain the stability of the society
+ Have enforcement power
- Nature of state:
+ Class - conscious face: Tính giai cấp (Economics, Politics, Ideology)
+ Social face: Tính xã hội
- Separation of state powers
Separation of state powers
↓ ↓ ↓
Legislative power Executive power Judical power
(Power to make law) (Power to carry out the law) (Power to interpret the
law)

II. Law
- Law is all around:
 + Breathe
+ Buy clothes (Commercial/ consumer protection law)
+ Food
+ Go to university
+ Getting married
III. Differences
a. Rules >< Law
- Rules:
+ Households
+ School
+ Social
+ Friendship
+ Relationship

-> Rules are sth that tellls people what they should do or should not do.
Rules are include LEGAL RULES and NON-LEGAL RULES
→ NOT ALL RULES ARE LAW!

LEGAL RULES NON-LEGAL RULES

- Known as laws and apply to all - Determine what behaviour is
individuals in society unacceptable in particular groups
- to be obeyed by the whole of or institutions
society - to be obeyed by specific
- made by a law-making body individuals or groups
- enforced through the courts - made by individuals or groups
- consequence of breaching is a - enforced by leaders of a group or
prescribed individuals
sanction/remedies/imposed by - consequence of breaching is at the
the courts discretion of the leader of a group

b. Law >< Morality

- Morality: concept about good evil, right or wrong
 - Besides the visual behavior it also addresses intention and
attitude
- Moral principles can be based on culture, religion, and
experiences
- People complying with moral rules are regarded as good and just
people
- Mrality >< Law
- Differences:
+ Law: Actions maybe lelgal, but immoral to some people
(Owning slave in Colonial America was legal, but this
violates most people’s moral standards today)
+ Morality: Actions may be moral, but not required by law
(Helping a hurt person is required by moral standards, but
is not required by law)
- Same: Actions may be required by both moral standards and the
law. (Drunk driving is both immoral and illegal)
c. Law >< Custom
- Custom is based on a common consensus how things should be
done properly
- People not complying will not be regarded as bad people, but
they will be regarded as odd, uneducated, awkward
- Law >< Custom

III. Classification of Laws

1. Public law and Private law
2. Civil Law and Criminal Law
3. Substantive Law and Procedural Law

CASE LAW (ÁN LỆ)

 - Principle of precedents: A court should apply the rulings of
previous court tried in a higher court in situations where the
facts are the same
( Tòa sơ thẩm -> Tòa phúc thẩm)
- Courts only apply the key reasons for the decision - ratio
decidendi
Principle: We each have a duty of care to our neighbor, or someone
we could reasonably expect to be affected by our acts or
Principle of Stare Decisis: Similar cases should be treated alike
(R v E. Manley 1933
R v Jones 1959)
Principle of Distinction (Nguyên tắc ngoại lệ): to find out the difference
between the current case with previous precedents
(Donoghue v Stevenson 1932
Grant v Australia Knitting Mills 1936)

STATUTE LAW (LUẬT THÀNH VĂN/ CÁC VĂN BẢN QUY PHẠM PHÁP
LUẬT)
- A system of written rules that are enacted/ created by the
legislative body of the government
- Main source of law in civil law countries: France, Germany,
Netherland …
- Consist of: Legislation and Delegated legislation (VB dưới luật)
- Legislation (Quyền lập pháp):
+ Created by the Parliament (Quốc Hội)
+ Constitution (Hiến pháp)
+ Codes (Bộ luật)
 + Acts
+ Ex: Civil Code, Criminal Code, Law on Enterprises, Sale of
Goods Act …..
- Delegated legislation:
+ Parliament may delegate its power to make law to other
state agencies. Rules made in this way are known as DL
+ Delegated legislation refers to those laws made by persons
or bodies (usually government ministers or local
authorities) to whom parliament has delegated law-
making authority
- Legal documents in VN: (Who create? Main functions?
Example?)
+ Constitution (Hiến pháp) -> National Assembly (Quốc Hội)
+ Acts/Codes (Luật/ Bộ luật)
+ Ordinances (Pháp lệnh) -> QH
+ Decrees (Nghị định) -> Government
+ Orders (Chỉ thị) -> President
+ Decisions (Quyết định) -> Prime Minister
+ Circulars (Thông tư)
Statute Law >< Case Law
- Where a statute law conflicts with case law, courts must follow
or apply statute law.
- Where there is no relevant statute, courts will rely on case law
- Court may also use case law to interpret statute law which is
unclear.

Legal Norms (quy phạm pháp luật) are general rules of conduct
promulgated or recognized and guaranteed by the State to regulate
social relations according to the orientations and purposes of the
state.
- A mandatory rule of social behavior established by the state.
- Structure of legal norms include:
+ Assumption (Hypothesis): Who? When? Condition or
situation to apply
+ Regulation (Disposition): Must do sth? Must not do sth?
How to do sth? Allow to do sth?
+ Sanction: Consequence

STATUTORY INTERPRETATION

1. Literal rule: Requires courts to interpret statute in their plan,

literal and ordinary meaning
London and North Eastern Railway Co v Berriman (1946) - Tra dau
roi chet, vo kien -> Can co bien bao khi nhan vien dang sua chua (toa
an bao tra dau khong phai la sua chua -> ko ap dung duoc luat)
R v Harris (1836)
Tu nhan can mui nhung toa an bao toi pham khong dung vat de dam
chem -> khong thi hanh duoc luat

2. Golden rule (Nguyen tac vang): where the literal rule would
result in an absurdity or an obnoxious result. The judge will
adopt another interpretation which produces the least absurd
result
Re Sigsworth (1935): Administration of Estates Act 1925 -> tai san cua
nguoi chet khong co di chuc tai san se thuoc ve ng than -> con trai
nhung con trai giet me minh -> bat hop ly vi ke giet nguoi co the dat
duoc loi ich tu viec giet nguoi-> cac thanh vien trong GIA DINH NGUOI
ME thua ke tai san nay

3. Mischief rule (Nguyen tac sua loi): Requires the court to look at
what the law was before the legislation was passed in order to
discover what gap or mischief the legislation was intended to
cover. The court is then required to interpret the legislation in
such a way to ensure that the gap is covered.
Smith vs. Hughes (1960) - Street Offences Act 1959 - các cô gái mại dâm
chèo kéo ở trên ban công nhà -> not public nhưng tòa bảo ở chỗ đó
người đi đường hoàn toàn có thể thấy được nên hoàn toàn có thể thực
hiện các hành động chèo kéo -> vẫn là phạm tội (Mua bán dâm)

4. Ejusdem generis rule (Class rule)

- Where general words follow particular words, the court should
interpret the general words as persons or things of the same
class.
- Ex: If the Act referred to “cats, dogs or other animals”, the
general words. “other animals” should be construed in the light
of the particular words, “cats” and “dogs”, as other kinds of
domesticated animals and not wild animals

I R A C method
Issue
Rules
Application/ Analysis
Conclusion
Problem 1: When Gilly was visiting a friend in prison, he was caught
attempting to pass the friend a wig and a jacket. Gilly also had a pair of
nail scissors in his pocket. He was charged under a section of the
Prison Detention Act that states “ a person must not take into a prison
any knife, danger, firearm, club or other thing whatsoever”
Explain if he is likely to be found guilty. -> YES (nail scissors -> things
can attack and harm people)
-> Literal rule
-> Class rule
-> Mischief rule: Wig and jacket -> co the cai trang de tron khoi tu

CUSTOMS
- Definition: Are rules of conduct with clear content to determine
the rights and obligations of individuals and legal entities in
specific civil relations, formed and repeated many times over a
long period of time, widely recognized and applied in a region,
ethnic group, community or in a civil field (Art 5 CC 2015)
- Rules on Application of customs:
+ In cases where it is neither provided for by law nor agreed
upon by the parties, customs may apply but they must not
contravene the basic principles of the Civil Law (Art 5(2)
CC 2015)
+ Customs must be clear to determine the rights and
obligations of the parties in civil relations.
+ Customs must be practices that are formed, widely
recognized and applied
+ Customs apply in cases where the parties do not have an
agreement and the law does not stipulate.
 + The application of customs must not be contrary to the
basic principles of civil law.

TOPIC 2: CIVIL LAW IN VIETNAM

- Definition: Aa separate law branch in the Vietnam legal system,

a set of rules regulating property relations (quan he tai san) and
personal identity relations (quan he nhan than) on the basis of
equality, freedom of will, independence of property and self-
responsibility
- Types of civil relations:
+ Property relations
+ Personal identity relations

I. General principles of Civil Law

1. Equality principle (Gender, no gender discrimination at work)
2. Principle of freedom and voluntariness
3. Principle of honesty and good faith (Seller sells his house for
10$billion -> chi ghi tren hop dong la 5$billions de tron personal
taxes, stolen -> have to paid back, return to the owner)
4. Principles of respecting national and ethnic interests, public
interests, and legitimate rights and interests of others
5. Principle of self-liability

II. Sources of civil law in Vietnam

- Statutory Law
- Legislations
+ Constitution year of 2013
+ Civil Code year of 2015
 + Other specialized laws
- Delegated legislations
+ Case law
+ Customary Law

III. Civil legal relation

- Definition: Are social relations arising from material and
personal interests which are governed by civil law
- Ex:
+ Marriage and Family Relations
+ Business and Trade Relations
+ Labour Relations
+ Inherent Relations
- Characteristics of civil legal relations:
A. Parties are equal
B. Parties have free will
C. Parties are responsible for their own acts
D. Parties are independent in terms of property
- Elements of legal relations:
a. Parties: Individual or organizations who have capacity
b. Objects: including Things, Conducts, non-material
benefits
c. Content: Rights and Obligations of the parties

a) Parties:
- Individual (page 22-23)
+ Civil Legal Capacity / Legal personality (nang luc phap luat
- commerces at birth and terminates at death, all people) +
Civil Act Capacity / Legal Capacity (nang luc hanh vi - also
 include ur mental status -> depends on age and mental
status) = Capacity of parties -> What is? When arise and
terminate?
+ No capacity for civil conducts: < 6 years old
+ Limited capacity for civil conducts: 6<=x<=18 years old
+ Full capacity for civil conducts:>=18 years old (20 y-o vay
tien, neu chu no den doi bo me se la sai)
- Legal entities (phap nhan): Article 74: An organization shall be
recoginzed as a legal entity if it satisfies all of the following
conditions
+ It was established in accordance with provisions of laws
+ It has an organizational structure
+ It has property independence from other individuals and
organizations and it is self - responsible by recourse to its
property.
+ It participates independently in legal relations in its own
name
(Ques: Is FTU a legal entity?)
+ A legal entity must have its name in the Vietnamese language
+ A LE must have a charter (dieu le) if the law so requires
+ A LE established in accordance with Vietnamese law is a
Vietnamese legal entity
+ The representative of a LE may be a legal representative or an
authorized representative (chu y pham vi uy quyen - thoi han uy
quyen …)
+ Civil legal capacity of LE:
● The civil legal capacity of a LE arises from the time when it
its established
 ● Where registration of operation of the legal entity is
required, the civil legal capacity of the LE arises from the
time of the entry into the registration
● The civil legal capacity of a legal entity terminates from the
time when the entity terminated.
+ Legal events: event that arises in the form of a conduct or a
natural incident that leads to the formation, change, or
termination of a legal relation.
● Conduct (Hanh vi)
● Natural incident (Su kien tu nhien)
● Eg: Signing a contract -> thiet lap mqh hop dong giua 2
ben (mqh phap luat) -> conduct of contract; Is wedding a
legal event? NO
● Eg 2: Analyze the elements of the legal relationship in the
following situation and point out the legal event: Minh was
caught by a traffic police officer for driving over speed
limit on the street
-> Parties: Minh, police office
-> Object: participating in traffic safely and do not affect
others (trat tu an toan giao thong)
-> Content:
+ the right of Minh to travel on the road
+ He is comply with traffic law, pa the fine according to the law
+ The police has the right to caught Minh, has obligation to
perform his duty as a police officer
-> Legal event: Minh was caught by a traffic police officer for driving
over speed
- Family households (ho gia dinh) and Co-operative groups (hop
tac xa)
 - State-special party (Immunities)

EXERCISE (A,B,X,C):
- Terminate Labour relation between A and the director of factory
X.
- Terminate Family relation with Mr.B and change to Inherent
relation between A and her father B.
- No relation between A and M.
- C has to compensate for causing A’s death -> C and A do have
legal relation
- Traffic police officer and C do have legal relation ->Criminal
liability.
→ Who are the parties? What can be the legal relations
between those parties?

IV. OWNERSHIP RELATION (MỐI QUAN HỆ SỞ HỮU)

Ownership relation is a civil legal relation
- Parties: Owners and other people
- Object: Properties/ Benefits aimed at by the parties
- Content: The owner has the right to possess, use and dispose of
the property. The other party has the obligation to respect the
owner’s rights and have the right to possess (Quyền chiếm hữu)
and use (Quyền sử dụng) under the authorisation of the owner
and sometimes the right of dispose (Quyền định đoạt).
- Types:
 + Private ownership (Sở hữu tư nhân): The ownership by a
natural person or a juridical person. (Sở hữu bởi 1 cá nhân
hoặc 1 PHÁP NHÂN)
+ Multiple ownership (Sở hữu tập thể): Ownership of
property by more than one owner.
- OWNERSHIP RIGHTS (Art 158 CC 2020):
1. Right to possess: The right to hold and control a property
2. Right to use: The right to exploit the usage and to enjoy the
yields and income derived from the property.
3. Right to dispose: The right to transfer the ownership to
other, renounce the ownership rights or destruct the
property.

Right to possess Right to use Right to dispose

Who can - The owners + - Owners + - Owners +

exercise non - owners Non - Non-owners
the right? - The one who owners
authorized to
possess

Examples - Lent/ Sell -> - Owners of - Owners:

give the right to sth can bought a
possess under freely use laptop 10 yrs
the origin the thing ago, ask
owner’s - If sb rent friend to sell
authorization -> your car, the laptop ->
both owner and they have my friend
non-owner (the the right to (non-
new owner have use it (non- owners) now
 the right to owners) has the right
possess to dispose, to
sell my
laptop

POSSESSION WITH A LEGAL BASIS (Article 165.1 CC 2015)

Non legal basis possession: Based on the perception of the possessor

(Dựa trên nhận thức người chiếm hữu)
1. Bona fide possession (Chiếm hữu ngay tình): eg: A stole a neglect
from B and show it to his girlfriend M. M does not know about the
incident and used it -> She has the bona fide possession
2. Possession not in good faith (Article 180): If M knew that the
neglect was stolen from the other but still use it -> M has the
possession not in good faith

ARTICLE 230: Establishment of ownership rights with respect to

objects which other persons have lost or mislaid.
→ Question: Nam accidently found a dropped iphone in the
university campus. Can he possess the phone legally? -> No,
but … ten-month…

V. CIVIL OBLIGATIONS
1. What is a civil obligation? Take examples (Article 274)
2. What are the bases for giving rise to civil obligations? Examples?
(Art 275)
 1. Contracts
2. Unilateral legal acts (Hành vi pháp lý đơn phương - hứa
thưởng)
3. Unauthorized performance of acts (Hành động không có ủy
quyền - kí hợp đồng không có ủy quyền)
4. Unlawful possession or use of or receipt of benefits from
property (Dùng ô tô của công ty cho mục đích cá nhân)
5. Causing loss through unlawful acts (Gây thiệt hại do hành vi trái
pháp luật) (drive over speed limit and cause accidents and injuries
for others)
3. What are bases for terminating civil obligations? Examples? (Art
372) Termination of the obligation will release the obligor (bên
có nghĩa vụ phải trả nợ) from performing the obligation
1. The obligation is fulfilled (eg: Loan -> A and B make a date for
paying back and A pay đúng hạn)
2. The parties so agree (eg: Biết về nhau -> có gì 2 bên cùng giải
quyết; A vay tiền B, A cần trả tiền nhưng trước ngày đến hạn B
thấy hoàn cảnh A đáng thương nên B mới thỏa thuận A không
cần trả tiền nữa -> NGHĨA VỤ ĐƯỢC CHẤM DỨT THEO THỎA
THUẬN)
3. The obligee waives performance of the obligation - Bên có
quyền miễn thực hiện nghĩa vụ (Obligor or Obligee dies, or the
legal entities no longer valid - bankruptcy)
4. The obligation is substituted by another civil obligation
(Obligor- bên có nghĩa vụ, obligee: bên có quyền)
5. The obligation is offset (Nghĩa vụ được bù trừ) (Lấy vật thế
chấp)
 6. The obligee and the obligor merge (Cty A nợ Cty B nhưng 2 cty sáp
nhập thì không còn nợ)
7. The limitation period for a release from the civil obligation
has expired (Quá hạn hợp đồng)
8.

TYPES OF CIVIL OBLIGATION

- Separate civil obligation (Nghĩa vụ dân sự riêng rẽ): Art 287
CC (A, B, C decorate the house together, A in charge of
painting the wall, B lamp deco, C kitchen deco -> in charge
riêng rẽ -> separated.
- Joint civil obligation (Nghĩa vụ dân sự liên đới): Art 288 CC
(Many people perform the obligation together and the
obligee can request any person to perform the whole
obligation -> Their responsibilities are jointed, if anyone
failed the job, the obligee can sue any of them)
- Question: (page 7) đáp án pldc

VI. CIVIL CONTRACT

1. Definition:
- What is contract? Is an agreement between parties in relation to
the establishment, modification or termination of civil rights
and obligations.
- A contract may be defined as an agreement which legally binds
the parties.
2. Types of contracts: (Art 402 CC 2015)
- Unilateral: only one party has rights, and the other party must
bear the obligations (reward contract)
 - Bilateral: both parties have obligations to each other (buy/sell
things and pay for them)
- Principal (main) contract: a contract whose validity does not
depend on sib-contracts (buy computer -> sale contract is the
main)
- Sub-contract: a contract whose validity depends on the main
contract (contract of maintenance is the sub-contract and if the
main contract is invalid -> sub-contract also invalid)
- Contract for the benefit of a third party: the parties entering into
the contract must perform their obligations and the third party
will enjoy the benefits from the performance of those
obligations (mom buys medical insurance for her son -> the
mother is the promisee, the son is the third-party beneficiary
and the company is the promisor)
- Conditional contract: a contract whose performance depends on
the occurrence, amendment or termination of a certain event. (A
promises to buy a horse which won the race -> Won the race is a
condition)

FORMATION OF CIVIL CONTRACTS

2.1 Principles of entering into civil contracts

1. Freedom of contract
2. Principle of voluntariness
3. Does not violate the law or social ethics
4. Principle of equality, good faith, and honesty
2.2 Content of civil contracts (Art 398 CC)
Is a synthesis of the terms constituting the contract, which stipulates
the rights and obligations of the parties
2.3 Condition for validity of CC
1. Parties must have civil legal capacity (Chủ thể phải có năng lực kí
kết hợp đồng)
- How to check: (VD kí kết hợp đồng với pháp nhân là 1 công
ty:
+ Giấy chứng nhận đăng kí kinh doanh (loại bỏ TH công
ty ma)
+ Thẩm quyền của người kí kết hợp đồng -> Check giấy
uỷ quyền, phạm vi uỷ quyền, thời hạn uỷ quyền
(representative)
2. Content and purpose of contracts must be legal
3. Parties must be voluntary to enter into contracts (free will, not
under any pressure)
4. Forms of contracts must be legal (Hình thức hợp đồng):
Contracts can be made in any forms except for when there’s a
limitation of form in the contract (law requires when making a
contract with a foreign company -> written)
+ Conducts
+ Words
+ In writing
+ Notarized document (Công chứng)
2.4. Invalid contracts and legal consequences
- Causes:
+ Violating one of conditions of validity of contracts
+ Violating law and social ethics
Legal consequences of invalid contracts
- To parties: A void contract does not give rise, amend or
terminate civil rights and obligations of the parties from the
time of establishment
 - To sub-contracts: The invalidity of the main contract terminates
the sub-contract, unless the parties have agreed that the sub-
contract can replace the main contract.
2.6. Agreement:
- Offer: Đề nghị giao kết hợp đồng: A clear expression by the
offeror of its intention to enter into a contract and to be bound
by such offer made to another determined party or to the public
(Hereinafter collectively referred to as the offeree)
- Acceptance: Chấp nhận Đề nghị giao kết hợp đồng
2.7 Offer
- Offer to enter into a contract means a clear expression by the offeror of its
intention to enter into a contract and to be bound by such offer made to another
determined party or to the public (hereinafter collectively referred to as the
offeree)
- Offer vs Invitation to treat:
OFFER INVITATION TO TREAT
- An offer is a proposal. - An invitation to offer (treat) is inviting
- An offer becomes an agreement when someone to make a proposal.
accepted. - An invitation to offer becomes an offer
when someone responds to it.
Example: Display of goods on the
shelves at the market
- Bring goods to cashier
→ Buyer offers to buy products
→ Shop owner can decide whether to sell
them or not.
- Advertisements, catalogues, and
brochures.
- Company prospectuses: A company
invites applications from public to
subscribe for its shares.
 - Auctions:
+ the auctions are the ones to make
invitation when auctioneers are
offeror
+ An agreement is reached when
someone comes up with the
highest offer.
- Tenders: các nhà thầu đưa ra lời đề
nghị
+ Các nhà thầu đưa ra lời mời
(offer) về yếu tố kỹ thuật cũng
như giá cả trong khi người đưa ra
bản kế hoạch sẽ là bên accept để
tạo agreement.

- Time-limit for effectiveness of an offer

- The periods of time within which the offeror is bound by his offer.
- The time-limit of an offer can be specified in the offer.
- No specified time-limit: Within a reasonable time.
+ Decided by the court and depends on the subject matter of the offer.
+ For example: an offer for perishable goods (e.g., goods that expire like fruits
and vegetables) will have a shorter time frame than an offer for a more durable
object, such as a house or car.
● A sent B an offer (the offer is valid for 7 days). After 3 days, B accepted the
offer. After 5 days, C accepted the offer. After 9 days, D accepted the offer.
Q: Which object/contract has been established between A and B, A and C, A and D.
→ D answered outside the time limit so there will be no contract between A and
D. A has to breach the contract with both B and C because both B and C signed
the contract in the valid time so A made a mistake and if B and C want, either of
them can sue A.
A can revoke his offer with C and D after the acceptance of B.
 - REVOCATION (Rescission) OF AN OFFER: When can an offeror revoke his
offer? (Art 390 CC)
Eg: 1st March 2022: A sent B an offer. 7th March 2022: B received the offer. 14th
March 2022: B wrote and sent the letter of acceptance to A.
When can A revoke his offer? Before 14th of March 2022

- TERMINATION OF OFFERS:
+ By acceptance: A reply by the offeree to the offeror accepting the entire
contents of the offer. (Art 393 CC)
● Acceptance must be communicated to the offeror
● Acceptance must be received within the time period specified in
the offer (within the time-limit for acceptance)
● SILENCE IS NOT ACCEPTANCE!
● When acceptance is effectively communicated? When it is sent or
when it is received?
-> VNmese law: when received by the offeror (Art 400 CC) =>
The “reciept” rule (Luật tiếp thu) (Chấp nhận đến đươc tay bên
đề nghị)
-> US, UK: exception to the reciept rule: “The postal rule”
(Thuyết tống phát): Acceptance has been communicated once the
letter has been posted.
● Time-limits for acceptance of offers to enter into civil contracts (Art 394 CC)
● Withdrawal of notice of acceptance to enter into contract (Art 397 CC)
● COUNTER - OFFER: If the acceptance modifies some of the terms of the
offer, there is a counter-offer instead of an acceptance.
● Problem question (1 - cargo):
+ I: Can A refuse to sell the cargo for 110m VND?
+ R: 391 CC
+ A: 391 -> 6th terminated by rejection, 8th terminated by modifcation,
100m new offer from B but terminated by rejection again (27th), 28th:
(trick): B making a new offer, not accept the old one
+ C: A can refuse B’s offer (rejection)
 ● Problem question (2 - seller in Hanoi):
+ I: Is there a contract between the parties?
+ R:

+ By rejection
+ By modification
+ By revocation
+ If the time limit of the offer has expired (Art 391 CC)

a. Excuses for breach the contracts

- Force majeure (ART 351.2, 156)
- Fault of non-breaching party
TOPIC 3: INTERNATIONAL LAW
1. What is international law?
International law (also known as public international law and the law of nations) is the
set of rules, norms, and standards generally recognized as binding between states. It
establishes norms for states across a broad range of domains, including war and
diplomacy, economic relations, and human rights.
2. Who are the subjects of international law?
States, international or ganizations, the International Red Cross, the Holy See of the
Vatican, belligerent, and individuals.
3. Distinguish between public IL and private IL? Take examples of each type
Public International Law governs the relationships between states, international
organisations and entities with global legal personalities, while Private International
Law, often known as Conflict of Laws, navigates the intricate web of legal conflicts
involving individuals and entities across diverse jurisdictions.
4. What are sources of international law?
Treaties, customs, general principles, customary price
 IL consists of rules and principles dealing with the conduct of states and of
international organizations and with their relations inter se as well as with some of
their relations with persons, whether natural persons or legal persons.
5. Distinguish between public IL and private IL
Public IL governs the activities of governments in relation to other governments (ex:
State territory, Law of the Sea, Law of war, State responsibilities to aliens
Private IL governs relationships between individuals and organizations in different
states (Marriage and divorce, Contracts and Sale, Transportation, Money and Banking,
Intellectual Property, Taxation)
SUBJECT OF INTERNATIONAL LAW:
- States: Political entities which have all of the following:
+ A territory
+ A population
+ A government capable of entering into international relations
+ A government capable of controlling its territory and peoples
- Non-state actors
+ Indiciduals/ Legal entities
+ International organizations (UN. ICJ, ICC, …)

INTERNATIONAL ORGANIZATIONS
- According to the United Nations Charter, there are two kinds of international
organizations:
+ Intergovernmental organizations (IGO)
+ Private or nongovernmental organizations (NGO)
- IGO is a permanent organization set up by two or more states to carry on
activities of common interest
- NGO is an international organization made up of organizations other than
states

II. Sources of International Law (Art 38)

- International conventions, whether general or particular establishing rules
recognized by the contesting States
 - International custom, as evidence of a general practice accepted as law
- The general principles of law recognized by nations
- Subject to the provisions of art

International treaties/ conventions:

- Definition: A treaty is an agreement between two or more states that is binding under
international law
- Treaties are binding and legally enforced upon the parties to it
- Treaties can be bilateral or multilateral (song phương đa phương)

International customary law:

“Custom is the oldest and the original source of international law as well as law in
general.”
Definition: Rules that have been around for a long time or which are generally
accepted
There are 2 types of customary law:
- General: Customary rules binding upon international community as a whole
- Local/regional: Applicable to a group of states or just 2 states in the relations
inter se

General Principles of Law:

- Definition: “Principles” mean rules or standards which we find repeated in
much the same from in the developed systems of law
- Examples:
+ The rules of pacta sunt servanda, that contracts must be kept

Judicial decisions:
Previous decisions of the International Court of Justice (ICJ)
The ICJ:
- 15 judges
+ serving nine-year terms
+ selected by UN
 - Hears cases brought by states against other states

The teachings of the most highly qualified publicists of the various nations
- Juristic writings are considered a material or evidential source only
- Textbooks are used as a method of discovering what the law is on any
particular issue rather than as the source of actual rules
- The writings of even the most respected international lawyers cannot create
law.