NHÓM 3 - International Public LAW- Tài liệu tham khảo | Đại học Hoa Sen

MINISTRY OF EDUCATION AND TRAINING HOA SEN UNIVERSITY 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. No. Full name ID Assignment Contribution 1
Dương Trần Quốc Huy 22113398 Content 100% 2 Đặng Bảo Trân 22118128 Content 100% 3 Đặng Minh Châu 22114855 Content 100% 4 Lê Phương Khả Di 22118152 Content 100% 5
Nguyễn Trần Khánh Trân 22103512 Content 100% 6 Nguyễn Hải Nam 22118141 Content 100% 7 Văn Viễn Chinh 22114627 Content 100% 8 Võ Hoàng Minh 22122954 Content 100% 9
Nguyễn Bích Trâm Anh 22100084 Word 100% 10
Trần Nguyễn Quốc Thái 22112000 Content 100% 1 TABLE OF CONTENT
1. Introduction...........................................................................................................3
2. International Law in general................................................................................3
2.1. Define of International Law...........................................................................3
2.2. What is the subject of International Law?...................................................3
3. The consensus in International Law....................................................................4
3.1. The notion of consensus.................................................................................4
3.2. The essence of consensus................................................................................5 3.2.1.
Compliance...............................................................................................5 3.2.2.
Legitimacy................................................................................................5 3.2.3.
Welfare......................................................................................................5
3.3. States do it by consensus................................................................................6
4. The reason why international relations formed based on agreements between
parties...........................................................................................................................8
5. Basic differences between International law and National law on consensus.10
6. Some examples about international agreements...............................................11
7. Conclusion...........................................................................................................12
Reference materials...................................................................................................14 2 1. Introduction
These days, comprehensive international cooperation is 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 is 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 3
- Special subjects of international law
- Subjects of international law
In modern international legal relations, the subjects of international law include:
States, this is 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. 4
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. 5 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. 6
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 is 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 maintaining 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 in 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 7
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. 8
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
implemented. 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 9