Saturday, February 29, 2020
Số 4 (63)

Cơ sở hoạt động pháp lý của hoạt động gìn giữ hòa bình Liên Hợp Quốc

No 2 (35)

Cooperation in Counter-Terrorism: Viet Nam’s Perspectives and Some Suggestions for the World

Terrorism is an extremely dangerous behavior which endangers health and life of human beings. It poses serious threats to security and order of each country as well as international community. Terrorism has existed worldwide for a long period of time. However, since the beginning of the 21st century, it has become an important strategy of extremism. Viet Nam resolutely condemns terrorist activities and transnational crimes in all forms. It also protests activities abusing counter-terrorism to intervene in the internal affairs of other countries. This article focuses on presenting Viet Nam’s perspectives about counter-terrorism and recommends some suggestions for the whole world.

Số 3 (58)

Cường quốc và vai trò của cường quốc trong quan hệ chính trị quốc tế

No 2 (29)

Dealing with the Mixed Case of Territorial and Maritime Disputes: Suriname and Guyana Case Study

The United Nations Convention on the Law of the Sea[1] (hereinafter ‘UNCLOS’ or the ‘Convention’) provides States with a comprehensive system for dispute settlement mechanism by means of the International Tribunal for the Law of the Sea (ITLOS)[2] and the Annex VII arbitral tribunal.[3] These tribunals can be deemed to have competence over a range of maritime disputes, such as those concerning maritime boundary delimitations, law enforcement activities. However, the Convention is silent as to whether they can decide such cases when related territorial sovereignty issues arise.

The impact of the debate regarding the ‘mixed competence’ of the tribunals may, on the one hand, affect their effectiveness and impede the resolution of tension-ridden conflicts. On the other hand, it could also mean that, if the tribunals were indeed to assert such an extended competence over associated territorial issues, they would be able to preside over disputes that States themselves may not want resolved.

It is important to take into account the context surrounding the jurisdiction of the tribunals under the Convention, in particular the ‘optional exceptions’ provision to compulsory procedures contained in Article 298 of UNCLOS. This article provides States with a mechanism to exclude these sensitive issues concerning maritime boundary delimitations, as well as, notably, connected questions of territorial sovereignty, from compulsory procedures. An investigation of the central Guyana/Suriname dispute should provide insight into how the tribunals actually deal with such ancillary issues of territorial sovereignty. It is by means of this approach that the present study aims to explore the jurisdictional scope of the tribunals with regard to ‘mixed disputes’ under the ‘umbrella’ of the Convention.

[1] United Nations Convention on the Law of the Sea, Montego Bay, 10 Dec. 1982, in force 16 Nov. 1994, 21 International Legal Materials (1982) p. 1245,

[2] If it is chosen by parties when they made declaration to chose it for compulsory dispute settlement under Article 287(1).

[3] If parties to a dispute made declaration to chose it when they sign the Convention under Article 287(1) or if a party to a dispute did not make a choice in advance or if the parties a dispute made different choices (Article 287(3, 5), the arbitration tribunal under Annex VII will be the default one.

No 2 (29)

Demands of "Scientification" in the East Sea Disputes

“Scientification” is conceptualized as a process which collects, organizes and produces systematically data, information and knowledge of a particular research subject by using scientific methodologies. This subject might have been widely mentioned and discussed before, but lacks a precise scientific foundation. “Science diplomacy” can be described as a way in which scientists, by their research products conducted through non-/traditional diplomatic channels, spread their arguments, positions or evidences to international audience in order to shape common understandings or conceptions about a specific subject in international relations. By using “science diplomacy”, Vietnamese scholars can counter against one-sided propagandas which politically erode Viet Nam’s interests as well as build up rightful perception about Viet Nam’s sovereignty within the international community. Considering “scientification” as a key pillar of the East Sea policy of Viet Nam, this article will examine the reasons why scholars and their researches are crucial in promoting Vietnamese advantages in the current East Sea disputes. From two aspects of internal and external factors, it will claim that a “science diplomacy” based on “scientification” is significantly necessary for Viet Nam in the the context of power asymmetry between Viet Nam and its giant neighbor. Then, the article will also bring into the discussion some further useful steps to highlight and enhance the role and effectiveness of “scientification” in the East Sea issue.

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