- Coupright Page
- Table of Cases
- Table of Legislation
- List of Contributors
- Asia’s Ambivalence about International Law
- Regional Organizations
- Asia in the History and Theory of International Law
- Regional Peace and Security
- Human Rights
- International Humanitarian Law and International Criminal Law
- International Environmental Law
- Law of the Sea and Asian States
- International Economic Law and Asia
- International Dispute Settlement
- South Korea
- The Philippines
- Viet Nam
- Sri Lanka
- Central Asian States
- South Pacific Island States
- New Zealand
Abstract and Keywords
This chapter explores international law in Viet Nam. It is difficult to comprehensively conceptualize international law in Viet Nam’s legal system. There is no formal documentation concerning two of the main sources of public international law: international custom and general principles of law. Treaties, by contrast, are dealt with in great detail. Viet Nam adopts a modified monist approach by maintaining the primacy of the Constitution and the priority of treaties and incorporating treaties into the muninipal law on a case-by-case basis. The use of treaties in Viet Nam can be divided into two phases: (i) colonial times and (ii) since independence in 1945 when modern Viet Nam, proactively relying on international law in the quest for ultimate independence and unification in 1975 and since, started a period of robust engagement in the international legal order. The chapter finally looks at Viet Nam’s current practice of concluding and enforcing treaties.
Trinh Hai Yen is Vice Dean of the Faculty of International Law, Diplomatic Academy of Viet Nam, Viet Nam.
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