,,,
EMBASSY OF THE SOCIALIST REPUBLIC OF VIETNAM
IN THE KINGDOM OF THE NETHERLANDS
No. b - 2018-SQHL
The Embassy of the Socialist Republic of Viet Nam in the Kingdom of the
Netherlands presents its compliments to the International Court of Justice, and has
the honour to infonn the Latter as follows:
Pursuant to the Order dated 17 January 2018 of the Court, the Embassy
respectfully submits the written statement by the Government of the Socialist
Republic of Viet Nam on the advisory proceedings with regard to Legal
Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965.
The statement is attached herewith.
The Embassy of the Socialist Republic of Viet Nam in the Kingdom of the
Netherlands avails itself of this oppm1unity to renew to the International Court of
Justice the assurances of its highest consideration./ . .....,
The Hagu.e, 1 March 2018
International Court of Justice
The Hague
EMBASSY OF THE SOCIALIST REPUBLIC OF VIETNAM
JAVASTRMT l,2S8SAA, THE HAGUE
TEL. 070 364 8917/4300 FAX 070 364 8656
EMAIL [email protected] WEBSITE WWW Vll;J'NAMEMBASSY.NL
...
• •
The Government of the Socialist Republic of Viet Nam
Having regard to resolution 71/292 adopted on 22 June 2017 by the General
Assembly of the United Nations;
Having regard to the Orders of the International Court of Justice of 14 July
201 7 and of 1 7 January 2018, by which the Court designated 1 March 2018 as the
time-limit within which written statements might be submitted to the Court by the
United Nations and its Member States;
Having regard to the fact that Viet Nam is a member of the United Nations
and in accordance with Article 92 of the Charter of the United Nations also a party
of the Statute of the International Court of Justice;
Wishing to avail itself of the opportunity given by the above-mentioned
Orders of the International Court of Justice to Member States of the United Nations
to present a written statement to the Court on the request by the General Assembly
for an advisory opinion from the Court, enshrined at resolution 71/292;
that:
Has the honor to present to the Court the following statement:
1. Article 65(1) of the Statute of the International Court of Justice stipulates
"The Court may give an advisory opinion on any legal question at the
request of whatever body may be authorized by or in accordance with the
Charter of the United Nations to make such a request." (emphasis added)
The two prerequisites for the Court to give an advisory opinion, namely the
request made by a duly authorized body and the questions submitted to the Court
be legal ones, are both fulfilled in the present case.
2. Pursuant to Article 96(1) of the Charter of the United Nations:
"The General Assembly or the Security Council may request the
International Court of Justice to give an advisory opinion on any legal
question." (Emphasis added).
3. In the light of Article 96(1) of the Charter of the United Nations, the
General Assembly is one of the UN's organs having the power to request an
advisory opinion of the Court on any legal question. In the case at hand, the
questions for advisory opinion were adopted by the General Assembly in its
resolution 71/292.
,-
«,, ·-
H
•
•
4. The questions in resolution 71/292 are framed in terms of law and legal
ones. In line with Article 96(1) of the Charter of the United Nations and Article
65( 1) of the Statute of the International Court of Justice, the questions also
highlight legal relation between an issue of international law and the legal
consequences of that issue. These questions are structured in legal language similar
to those in prior advisory proceedings of the Court ( e.g: Legal Consequences of the
Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion,
!CJ Reports 2004 (I}, p. 145; Accordance with International Law of the Unilateral
Declaration of Independence in Respect of Kosovo, /CJ Reports 2010, p 403; Legal
Consequences for States of the Continued Presence of South Africa in Namibia, ICJ
Reports 1971, p. 16).
5. Viet Nam highly appreciates and respects all relevant international legal
processes, including advisory proceedings in the International Court of Justice. The
Court's advisory opinions have been effectively contributing to the development of
international law, including the elaboration of ambiguous matters of international
law and the facilitation of peaceful settlement of disputes in conformity with
international law.
6. For the reasons given above, Viet Nam respectfully requests the Court to
give advisory opinions in response to the questions adopted by the General
Assembly in resolution 71/292.
-t\Ltltl--
2
Written Statement of Viet Nam