The Socialist Republic of Vietnam and the Law of the Sea

The Socialist Republic of Vietnam and the Law of the Sea
Author: Epsey Cooke Farrell
Publisher: BRILL
Total Pages: 366
Release: 2021-09-27
Genre: Law
ISBN: 9004479309

The Socialist Republic of Vietnam and the Law of the Sea analyzes Vietnam's policies on the law of the sea in relation to the country's overall foreign policy goals and its position at the center of the South China Sea geostrategic region. It examines Vietnam's claims in zones of maritime jurisdiction and its regulation of maritime activities in the context of the 1982 U.N. Convention on the Law of the Sea and against the backdrop of Vietnam's security interests, economic development, and regional leadership goals. The author explores Vietnam's maritime boundary disputes with its Southeast Asian neighbors and China and assesses their impact on regional stability. This is the first comprehensive study to trace the evolution of Vietnamese policy and participation in law of the sea development from the 1958 First U.N. Conference on the Law of the Sea to the present. The book provides the background essential to an understanding of Vietnam's current maritime relations and of the challenge to incorporate Vietnam into a stable regional order. Law of the sea specialists, Southeast Asia area specialists, and those interested in the development of Vietnam's hydrocarbon and fishery resources will find this a particularly valuable resource.

Asian Yearbook of International Law, Volume 23 (2017)

Asian Yearbook of International Law, Volume 23 (2017)
Author: Seokwoo Lee
Publisher: BRILL
Total Pages: 343
Release: 2019-12-16
Genre: Law
ISBN: 9004415823

Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2017 edition of the Yearbook is a special volume that has articles highlighting current international legal issues facing particular Asian states.

Legal Reforms in China and Vietnam

Legal Reforms in China and Vietnam
Author: John Gillespie
Publisher: Routledge
Total Pages: 436
Release: 2010-09-13
Genre: Law
ISBN: 1136978429

Although the adoption of market reforms has been a key factor leading to China’s recent economic growth, China continues to be governed by a communist party and has a socialist-influenced legal system. Vietnam, starting later, also with a socialist-influenced legal system, has followed a similar reform path, and other countries too are now looking towards China and Vietnam as models for development. This book provides a comprehensive, comparative assessment of legal developments in China and Vietnam, examining similarities and differences, and raising important questions such as: Is there a distinctive Chinese model, and/or a more general East Asian Model? If so, can it be flexibly applied to social and economic conditions in different countries? If it cannot be applied to a culturally and politically similar country like Vietnam, is the model transportable elsewhere in the world? Combining ‘micro’ or interpretive methods with ‘macro’ or structural traditions, the book provides a nuanced account of legal reforms in China and Vietnam, highlighting the factors likely to promote, change or resist the spread of the Chinese model.

Transplanting Commercial Law Reform

Transplanting Commercial Law Reform
Author: John Stanley Gillespie
Publisher: Ashgate Publishing, Ltd.
Total Pages: 368
Release: 2006
Genre: Political Science
ISBN: 9780754647041

This volume provides the first sustained analysis examining legal transplantation into East Asia. In addition to developing theoretical insights, the project provides a textured account of the political, economic and legal discourses guiding commercial law reforms in Vietnam

Military Justice in Vietnam

Military Justice in Vietnam
Author: William Thomas Allison
Publisher:
Total Pages: 258
Release: 2007
Genre: History
ISBN:

A concise look at how military justice during the Vietnam War served the dual purpose of punishing U.S. solders' crimes and infractions while also serving the important role of promoting core American values--democracy and rule of law--to the Vietnamese.

The Vietnam War and International Law, Volume 4

The Vietnam War and International Law, Volume 4
Author: Richard A. Falk
Publisher: Princeton University Press
Total Pages: 1066
Release: 2015-03-08
Genre: Law
ISBN: 1400868254

This concluding volume of The Vietnam War and International Law focuses on the last stages of America's combat role in Indochina. The articles in the first section deal with general aspects of the relationship of international law to the Indochina War. Sections II and III are concerned with the adequacy of the laws of war under modern conditions of combat, and with related questions of individual responsibility for the violation of such laws. Section IV deals with some of the procedural issues related to the negotiated settlement of the war. The materials in Section V seek to reappraise the relationship between the constitutional structure of the United States and the way in which the war was conducted, while the final section presents the major documents pertaining to the end of American combat involvement in Indochina. A supplement takes account of the surrender of South Vietnam in spring 1975. Contributors to the volume—lawyers, scholars, and government officials—include Dean Rusk, Eugene V. Rostow, Richard A. Falk, John Norton Moore, and Richard Wasserstrom. Originally published in 1976. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Vietnam and the Rule of Law

Vietnam and the Rule of Law
Author: David G. Marr
Publisher:
Total Pages: 206
Release: 1993
Genre: Commercial law
ISBN:

"Proceedings of Vietnam Update Conference November 1992, Department of Political and Social Change, Research School of Pacific Studies, ANU".

State, Society and the Market in Contemporary Vietnam

State, Society and the Market in Contemporary Vietnam
Author: Hue-Tam Ho Tai
Publisher: Routledge
Total Pages: 274
Release: 2012
Genre: Business & Economics
ISBN: 0415626250

Lively debates around property, access to resources, legal rights, and the protection of livelihoods have unfolded in Vietnam since the economic reforms of 1986. Known as Doi Moi (changing to the new), these have gradually transformed the country from a socialist state to a society in which a communist party presides over a neoliberal economy. By exploring the complex relationship between property, the state, society, and the market, this book demonstrates how both developmental issues and state-society relations in Vietnam can be explored through the prism of property relations and property rights. The essays in this collection demonstrate how negotiations over property are deeply enmeshed with dynamics of state formation, and covers debates over the role of the state and its relationship to various levels of society, the intrusion of global forces into the lives of marginalized communities and individuals, and how community norms and standards shape and reshape national policy and laws. With contributors from around the world, this book will be of great interest to students and scholars of East and Southeast Asian studies, including politics, culture, society, and law, as well as those interested in the role of the state and property relations more generally.

Familial Properties

Familial Properties
Author: Nhung Tuyet Tran
Publisher: University of Hawaii Press
Total Pages: 281
Release: 2018-05-31
Genre: History
ISBN: 0824874900

Familial Properties is the first full-length history of Vietnamese gender relations in the precolonial period. Author Nhung Tuyet Tran shows how, despite the bias in law and practice of a patrilineal society based on primogeniture, some women were able to manipulate the system to their own advantage. Women succeeded in taking pragmatic advantage of socioeconomic turmoil during a time of war and chaos to acquire wealth and, to some extent, control what happened to their property. Drawing from legal, literary, and religious sources written in the demotic script, classical Chinese, and European languages, Tran argues that beginning in the fifteenth century, state and local communities produced laws and morality codes limiting women’s participation in social life. Then in the seventeenth and eighteenth centuries, economic and political turmoil led the three competing states—the Mac, Trinh, and Nguyen—to increase their military service demands, producing labor shortages in the fields and markets of the countryside. Women filled the vacuum left by their brothers, husbands, and fathers, and as they worked the lands and tended the markets, they accumulated monetary capital. To protect that capital, they circumvented local practice and state law guaranteeing patrilineal inheritance rights by soliciting the cooperation of male leaders. In exchange for monetary and landed donations to the local community, these women were elected to become spiritual patrons of the community whose souls would be forever preserved by collective offering. By tracing how the women, local leaders, and court elites negotiated gender models to demarcate their authority, Tran demonstrates that despite the Confucian ethos of the times, survival strategies were able to subvert gender norms and create new cultural models. Gender, thus, as a signifier of power relations, was central to the relationship between state and local communities in early modern Vietnam. Rich and detailed in its use of documentary evidence from a range of archives, this work will be of great interest to scholars of Southeast Asian history and the comparative study of gender.