HANOI NATIONAL UNIVERSITY
FACULTY OF LAW
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VU THI MINH THUY
APPLICATION OF ARTICLE 33 OF THE CHARTER OF THE UNITED NATIONS TO THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES
Major : International Law
Code : 60 38 01 08
MASTER'S THESIS IN LAW
Scientific advisor : Associate Professor, Dr. NGUYEN BA DIEN
HANOI - 2014
COMMITMENT
I hereby declare that this Thesis is my own research work. The results stated in this Thesis have not been published in any other work. The figures, examples and quotations in this Thesis ensure accuracy, reliability and honesty. I have completed all subjects and paid all financial obligations as prescribed by the Faculty of Law, Vietnam National University, Hanoi.
So I write this Declaration to request the Faculty of Law to consider so that I can defend my Thesis.
Thank you very much!
GUARANTEE
Vu Thi Minh Thuy
INDEX
Page
Cover Page Pledge Table of Contents
List of symbols and abbreviations
INTRODUCTION 1
Chapter 1: THEORETICAL ISSUES ON THE APPLICATION OF ARTICLE 33 OF THE UNITED NATIONS CHARTER IN RESOLVING INTERNATIONAL DISPUTES 4
1.1. Concept 4
1.1.1. International disputes and the settlement of international disputes 4
1.1.2. Application of law 10
1.2. Position, role and significance of Article 33 of the United Nations Charter
countries in resolving international disputes 13
1.2.1. The position of Article 33 in the United Nations Charter 13
1.2.2. The relationship between Article 33 of the United Nations Charter and the principle of
peaceful settlement of international disputes 16
1.2.3. The significance of Article 33 of the United Nations Charter in resolving
international dispute 17
Chapter 2: CONTENTS OF ARTICLE 33 OF THE UNITED NATIONS CHARTER 19
2.1. Non-judicial measures to resolve international disputes 19
2.1.1. Negotiation measures 19
2.1.2. Mediation and conciliation measures 21
2.1.3. Measures to establish international commissions of inquiry and conciliation commissions 22
2.2. Measures to resolve disputes by judicial agencies 23
2.2.1. Dispute settlement by the International Court of Justice 23
2.2.2. Dispute settlement at the International Tribunal for the Law of the Sea 36
2.2.3. Dispute resolution by international arbitration 41
2.2.4. Dispute resolution at the Arbitration Court established under Appendix VII
1982 Convention on the Law of the Sea 44
2.2.5. Dispute resolution at the Special Arbitration Court established under the Annex
Annex VIII of the 1982 Convention on the Law of the Sea 47
2.3. Dispute resolution at international organizations 51
2.3.1. Dispute resolution under ASEAN dispute resolution mechanism 52
2.3.2. Settlement of international disputes at the United Nations 58
Chapter 3: PRACTICAL APPLICATION OF ARTICLE 33 OF THE UNITED NATIONS CHARTER IN RESOLVING INTERNATIONAL DISPUTES
NOW 61
3.1. Typical international dispute resolution cases 61
3.1.1. Settling disputes between Vietnam and Thailand by means of
Negotiation 61
3.1.2. The Strait of Corfu (United Kingdom/Albania) dispute settlement
at the International Court of Justice 62
3.1.3. Philippines sues China for misinterpreting and misapplying UNCLOS 1982 68
3.2. Propose solutions to resolve maritime disputes between Vietnam and other countries by peaceful measures as prescribed in
Article 33 of the United Nations Charter 75
3.2.1. Overview of the situation of territorial sovereignty disputes at sea between
Vietnam and other countries 75
3.2.2. Proposed measures to resolve disputes over territorial sovereignty
Sea between Vietnam and other countries 81
3.2.3. Some difficulties Vietnam may face when solving
international dispute 96
CONCLUSION 99
REFERENCES LIST 101
LIST OF SYMBOLS AND ABBREVIATIONS
ASEAN: Association of Southeast Asian Nations. AU: African Union.
EU: European Union.
ILO: International Labor Organization.
UNCLOS: United Nations Convention on the Law of the Sea
INTRODUCTION
In the practice of international relations between countries and other subjects of International Law, there are many areas and relationships in which the rights and interests of the subjects are intertwined in all areas of politics, economics, culture - society, security, defense, environment, etc. All of these reflect the diverse and rich interests of the subjects of international law when participating in international relations. Therefore, when establishing and implementing relations between subjects of international law, disputes and disagreements between the subjects are inevitable. Nowadays, along with the trend of globalization, cooperation between countries is increasingly expanding and developing, accompanied by the risks of conflicts leading to increasing international disputes. To ensure the interests of the disputing parties in particular without harming international peace and security in general, it requires countries to absolutely comply with the basic principles of International Law, especially the principle of peaceful settlement of disputes which has been directly and specifically recorded in Article 33 of the United Nations Charter - the charter of the largest international organization on the planet with the main task of maintaining international peace and security.
In international law, peaceful settlement of international disputes is one of the most important and fundamental principles to maintain international stability and order. Studying the measures and issues of applying the measures to settle international disputes stated in Article 33 of the United Nations Charter is the most effective and necessary way to propose effective measures to resolve international disputes in which Vietnam is a party, especially in the current period of tense disputes in the East Sea.
From the perspective of theoretical research on peaceful measures to resolve international disputes and selectively absorbing research works and articles by domestic and international scholars, the student chose the topic "Applying Article 33 of the United Nations Charter to peacefully resolve current international disputes" within the framework of his Master's Thesis in Law.
Overview of research situation
1. Research objectives
The thesis delves into the study of measures and mechanisms for peaceful settlement of international disputes mentioned in Article 33 of the United Nations Charter and proposes the issue of settling disputes between Vietnam and other countries by these measures.
The thesis deals with specific dispute resolution measures stated in Article 33 of the United Nations Charter, the application methods, advantages and limitations of each measure in the practice of resolving international disputes and presents some typical international disputes. Then, the thesis summarizes and analyzes all the issues presented to conclude scientific solutions to apply to the issue of resolving the East Sea dispute, an extremely complicated ongoing dispute.
2. Research method
Historical method; dialectical method; comparative method; analytical method; deductive method; inductive method.
3. Research object and scope
Research object: Peaceful measures to resolve international disputes stated in Article 33 of the United Nations Charter.
Scope of research: The thesis through studying the content of Article 33 of the United Nations Charter on peaceful means of dispute settlement to draw lessons for Vietnam when participating in resolving international disputes.
4. Research significance
The thesis studies the role and position of Article 33 of the United Nations Charter in the practice of resolving international disputes, specifically analyzes each measure of peaceful resolution of international disputes recognized in the United Nations Charter and the current practice of international legal life, thereby drawing some lessons for Vietnam when participating in resolving current international disputes.
For students, it will contribute to enhancing their knowledge of International Law and related subjects, as well as knowledge of politics and society. This is valuable in supplementing knowledge for future career orientation. In addition, contributing part of their efforts and opinions to the research work of scholars on the East Sea dispute, thereby affirming students' interest in the important issue of the country.
5. Thesis layout
In addition to the sections: Introduction; Conclusion; References, the content of the Thesis is divided into 3 Chapters:
Chapter 1. Theoretical issues on the application of Article 33 of the United Nations Charter in resolving international disputes
Chapter 2. Contents of Article 33 of the United Nations Charter
Chapter 3. Practical application of Article 33 of the United Nations Charter in resolving international disputes today