Vietnamese Journal of Legal Sciences最新文献

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Book Review: Contract Law in East Central Europe 书评:中东欧的合同法
Vietnamese Journal of Legal Sciences Pub Date : 2023-06-01 DOI: 10.2478/vjls-2023-0006
Chuanyan An
{"title":"Book Review: Contract Law in East Central Europe","authors":"Chuanyan An","doi":"10.2478/vjls-2023-0006","DOIUrl":"https://doi.org/10.2478/vjls-2023-0006","url":null,"abstract":"Abstract The book “Contract law in East Central Europe”, edited by Emőd Veress, is a part of a comparative legal project on a wide range of topics in the Central Europe. The book is devoted to the general rules on contracts in the jurisdictions of Croatia, Czech Republic, Hungary, Poland, Romania, Serbia, Slovakia, and Slovenia. This book is highly recommended to both academics and legal practitioners who are interested in comparative contract law.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114207271","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Inclusion of Sustainable Development into New-Generation FTAS – What Can be Expected in Reserving Nations’ Rights to Regulate? 将可持续发展纳入新一代自由贸易协定——保留国家调控权的期望是什么?
Vietnamese Journal of Legal Sciences Pub Date : 2022-12-01 DOI: 10.2478/vjls-2022-0009
N. T. Huong
{"title":"The Inclusion of Sustainable Development into New-Generation FTAS – What Can be Expected in Reserving Nations’ Rights to Regulate?","authors":"N. T. Huong","doi":"10.2478/vjls-2022-0009","DOIUrl":"https://doi.org/10.2478/vjls-2022-0009","url":null,"abstract":"Abstract The last decade has seen a growing trend towards the combination of sustainability, in which environmental protection is the most important, with trade in both regional and international forums. Indeed, the term “sustainable development”, which rarely appeared in “traditional” trade or investment agreements, is easy to be found in many new-generation agreements such as CP-TPP or a series of FTAs recently signed by the EU with its partners such as Canada, Singapore and Vietnam. It has been observed that the interaction between sustainable development and trade-investment, especially via dispute settlement activities, has been intensively studied. However, as the combination of sustainability in FTA has just been promoted recently with the aim to tackle the abovementioned issue. The provisions on sustainable and environmental protection are included in the new generation FTA, i.e. CP-TPP, EU-Canada Comprehensive Economic and Trade Agreement, EU-Singapore FTA and EU-Vietnam’s FTA. These sustainability-support regulations help to confirm the right of the hosting state to set its own levels of domestic protection in the environmental and social areas as well as to build and follow its own environmental policies. However, these provisions are still general compared to the set of trade-investment rules/obligations under the trade-investment agreements. The aim of this paper is to find out the meaning and status of the sustainability-support regulations under trade-investment agreements. It examines these provisions in light of maintaining countries’ right to protect the environment under abovementioned preferential trade-investment agreements in order to critically evaluate the effect of these rules on future measures of relevant countries to protect the environment.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115032114","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Patent Relating to Artificial Intelligence and Liability for Artificial Intelligence Application from the us Law Perspectives 人工智能专利与美国法律视角下的人工智能应用责任
Vietnamese Journal of Legal Sciences Pub Date : 2022-12-01 DOI: 10.2478/vjls-2022-0008
Nguyen Thi Bich Ngoc, H. Ngoc
{"title":"Patent Relating to Artificial Intelligence and Liability for Artificial Intelligence Application from the us Law Perspectives","authors":"Nguyen Thi Bich Ngoc, H. Ngoc","doi":"10.2478/vjls-2022-0008","DOIUrl":"https://doi.org/10.2478/vjls-2022-0008","url":null,"abstract":"Abstract While computer programs were purely tools for people to perform their creative activities 50 years ago, computer programs today, so called Artificial Intelligence(AI), can create intellectual products independently from people. The US has a leading role over all other countries in top-tier AI research, as well as most AI-related patent application filing. Does the US protect such inventions? If not, how does the US deal with liability concerning AI application? How does the development of AI call for intellectual property right law reforms in the US? The paper aims at addressing the above questions. Moreover, the paper provides a comprehensive analysis on AI-related patent in the US in comparison with the Vietnamese legal system. Descriptive legal research, analytical approach, comparison of legislation and case studies are employed in the paper.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132204171","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Explainability of Artificial Intelligence Models: Technical Foundations and Legal Principles 人工智能模型的可解释性:技术基础与法理
Vietnamese Journal of Legal Sciences Pub Date : 2022-12-01 DOI: 10.2139/ssrn.4242175
Jake van der Laan
{"title":"Explainability of Artificial Intelligence Models: Technical Foundations and Legal Principles","authors":"Jake van der Laan","doi":"10.2139/ssrn.4242175","DOIUrl":"https://doi.org/10.2139/ssrn.4242175","url":null,"abstract":"Abstract The now prevalent use of Artificial Intelligence (AI) and specifically machine learning driven models to automate the making of decisions raises novel legal issues. One issue of particular importance arises when the rationale for the automated decision is not readily determinable or traceable by virtue of the complexity of the model used: How can such a decision be legally assessed and substantiated? How can any potential legal liability for a “wrong” decision be properly determined? These questions are being explored by organizations and governments around the world. A key informant to any analysis in these cases is the extent to which the model in question is “explainable”. This paper seeks to provide (1) an introductory overview of the technical components of machine learning models in a manner consumable by someone without a computer science or mathematics background, (2) a summary of the Canadian and Vietnamese response to the explainability challenge so far, (3) an analysis of what an ”explanation” is in the scientific and legal domains, and (4) a preliminary legal framework for analyzing the sufficiency of explanation of a particular model and its prediction(s).","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129460769","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Artificial Intelligence and Data Protection: How to Reconcile Both Areas from the European Law Perspective 人工智能与数据保护:如何从欧洲法律的角度协调这两个领域
Vietnamese Journal of Legal Sciences Pub Date : 2022-12-01 DOI: 10.2478/vjls-2022-0007
Matthias Artzt, T. V. Dung
{"title":"Artificial Intelligence and Data Protection: How to Reconcile Both Areas from the European Law Perspective","authors":"Matthias Artzt, T. V. Dung","doi":"10.2478/vjls-2022-0007","DOIUrl":"https://doi.org/10.2478/vjls-2022-0007","url":null,"abstract":"Abstract Artificial intelligence (AI) is the latest in a long wave of disruptive technology, offering significant benefits but also creating risks if deployed in an uncontrolled manner. Recognizing this, many countries around the world, including Vietnam, are making efforts to research and build a legal framework to regulate and manage the development of AI to ensure that this technology supports their socio-economic development. In this context, the legislative experience of the European Union, one of world’s leaders in digital technology, is of high significance. The European GDPR, adopted in 2016, has become the international standard in terms of data protection. The EU AI Act, which is currently in a draft stage and will come into force not before end of 2024, sets out horizontal rules for the development, commodification and use of AI-driven products, services and systems, including the AI system and data protection. This article particularly scrutinizes the interplay between both the AI Act/AI systems and the GDPR and considers the regulatory state of play as at October 2022.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127816373","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Comparing Matrimonial Laws in India and Vietnam: Is a Uniform Civil Code Necessary? 印度与越南婚姻法比较:统一民法典是否必要?
Vietnamese Journal of Legal Sciences Pub Date : 2022-12-01 DOI: 10.2478/vjls-2022-0010
Shruti Bedi
{"title":"Comparing Matrimonial Laws in India and Vietnam: Is a Uniform Civil Code Necessary?","authors":"Shruti Bedi","doi":"10.2478/vjls-2022-0010","DOIUrl":"https://doi.org/10.2478/vjls-2022-0010","url":null,"abstract":"Abstract India secured its independence from the British rule in 1947. Vietnam eliminated the presence of foreign military forces in 1975. Both countries have faced adversity through subjugation. The similarity does not end here. The family unit in both nations is given primary precedence and importance, as it is considered to be the nucleus of the society. However, while Vietnam regulates matrimony through the uniform code of Law on Marriage and Family, 2014, India does not have a uniform code. India is a secular country where different religions are practiced freely. Matrimonial laws in India are governed by the personal laws of the parties depending on their religion, codified under different statutes, viz. Hindu Marriage Act, 1955; Muslim law; Indian Christian Marriage Act, 1872; Parsi Marriage and Divorce Act, 1936; and Special Marriage Act, 1954. This paper will compare the status of matrimonial laws in India and Vietnam with an attempt to answer the question as to whether it is advisable to reconcile different personal laws under a uniform code for India.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"51 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116386118","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Harmonisation Between Trade Liberalisation and Environmental Protection – A Long Way to Go? An Analysis of Vietnam’s Debris Importation Control in Light of WTO and CPTPP Rules 贸易自由化与环境保护的协调-任重而道远?从WTO和CPTPP规则看越南的垃圾进口管制
Vietnamese Journal of Legal Sciences Pub Date : 2022-06-01 DOI: 10.2478/vjls-2022-0002
Trần Thị Thùy Dương
{"title":"Harmonisation Between Trade Liberalisation and Environmental Protection – A Long Way to Go? An Analysis of Vietnam’s Debris Importation Control in Light of WTO and CPTPP Rules","authors":"Trần Thị Thùy Dương","doi":"10.2478/vjls-2022-0002","DOIUrl":"https://doi.org/10.2478/vjls-2022-0002","url":null,"abstract":"Abstract As in many other countries, Vietnam’s integration into the international trade system has accelerated since its participation in the WTO and regional trade agreements. However, widening market access – the consequence of this integration process – risks exacerbating some of Vietnam’s existing environmental problems. In this context, the Vietnamese government is adopting measures in order to mitigate negative impacts of trade on the environment, but do these measures risk violating Vietnam’s international trade commitments? Can the environmental protection provisions of new generation free trade agreements like CPTPP be a reliable legal basis to justify Vietnamese trade restriction measures? The author will analyse these questions, while focusing on the case of debris importation control – an issue that has been attracting a lot of public attention in Vietnam and in South East Asia in recent years.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130413859","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Challenges Concerning New Generation FTAs’ Labour Provisions: Perspective from Thailand 新一代自由贸易协定劳工条款面临的挑战:来自泰国的视角
Vietnamese Journal of Legal Sciences Pub Date : 2022-06-01 DOI: 10.2478/vjls-2022-0004
Usanee Aimsiranun
{"title":"Challenges Concerning New Generation FTAs’ Labour Provisions: Perspective from Thailand","authors":"Usanee Aimsiranun","doi":"10.2478/vjls-2022-0004","DOIUrl":"https://doi.org/10.2478/vjls-2022-0004","url":null,"abstract":"Abstract Thailand is under consideration whether to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) along with four other ASEAN member states namely Brunei, Malaysia, Singapore, and Vietnam. Moreover, the negotiation of a Free Trade Agreement (FTA) with the European Union (EU), despite its halt in 2013, is expected to resume. This article aims to study the challenges regarding the labour provisions which form part of new generation FTAs to which Thailand may become a party. It will focus on the labour provisions in the CPTPP and the EU FTA model and examine the eventual impact on Thai labour law as well as suggest legal reforms in case Thailand decides to accede to the CPTPP and/or to conclude an FTA with the EU.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131812327","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Roles of the 2007 Energy Industry Act in Supporting Peer-To-Peer Electricity Trading in Thailand: Issues to be Addressed by the 2004 Electricity Law of Vietnam 2007年《能源工业法》在支持泰国点对点电力交易中的作用:2004年《越南电力法》要解决的问题
Vietnamese Journal of Legal Sciences Pub Date : 2022-06-01 DOI: 10.2478/vjls-2022-0003
Piti Eiamchamroonlarp
{"title":"Roles of the 2007 Energy Industry Act in Supporting Peer-To-Peer Electricity Trading in Thailand: Issues to be Addressed by the 2004 Electricity Law of Vietnam","authors":"Piti Eiamchamroonlarp","doi":"10.2478/vjls-2022-0003","DOIUrl":"https://doi.org/10.2478/vjls-2022-0003","url":null,"abstract":"Abstract This paper analyzes the capability of the electricity licensing systems, together with the third-party access regime in Thailand and Vietnam and compares the two. It specifically studies the Energy Industry Act B.E. 2550 (2007) of Thailand (“Energy Industry Act of Thailand”) and the Electricity Law No. 28/2004/QH11 of Vietnam (“Electricity Law of Vietnam”) in enabling locally generated electricity traded on a peer-to-peer (P2P) basis, as well as the regulation of smart metering services. In summary, it finds that the Energy Industry Act of Thailand and the Electricity Law of Vietnam are functionally comparable. These two laws are both capable of serving as regulatory bases for P2P electricity trading among prosumers and other electricity users. However, to enhance readiness of the electricity regulatory regime for P2P renewable electricity trading among active and passive electricity-using customers, this paper suggests that in the future it would be wise for research be conducted to make clear whether a prosumer can simultaneously be an electricity-generating unit as well as an electricity-using customer. Importantly, it is necessary to answer whether a private power purchase agreement between prosumers and another electricity-using customer can be deemed as the permissible electricity trading forms under Article 20 paragraph 2 of the Electricity Law of Vietnam. In-depth analysis is needed to determine whether the electricity-generating unit’s right to connect, as well as under the Electricity Law of Vietnam can be evolvingly interpreted to include a right to “use” the electricity grids for “transporting” its self-generated renewable electricity. Finally, an important regulatory question to be addressed by the Electricity Law of Vietnam is whether rates and setting of wheeling service and related charges are subject to the regulatory scope of the Electricity Law of Vietnam.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124171773","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Vietnam’s Commitments Under the European Union – Vietnam Investment Protection Agreement (EVIPA): Some Noteworthy Points 越南在欧盟-越南投资保护协定(EVIPA)下的承诺:一些值得注意的问题
Vietnamese Journal of Legal Sciences Pub Date : 2022-06-01 DOI: 10.2478/vjls-2022-0001
Hà Thị Thanh Bình
{"title":"Vietnam’s Commitments Under the European Union – Vietnam Investment Protection Agreement (EVIPA): Some Noteworthy Points","authors":"Hà Thị Thanh Bình","doi":"10.2478/vjls-2022-0001","DOIUrl":"https://doi.org/10.2478/vjls-2022-0001","url":null,"abstract":"Abstract The Investment Protection Agreement among Vietnam, the European Union (EU) and each of the EU’s member states (EVIPA) was signed by Vietnam and the EU on June 30, 2019, in Ha Noi. While the Free Trade Agreement between Vietnam and the EU (EVFTA) promotes trade liberalization between Vietnam and EU countries, EVIPA establishes legal safeguards for outward investment activities of investors from EU countries into Vietnam and vice versa. The EVIPA has not yet come into effect as it needs to be approved not only by the EU Council and the National Assembly of Vietnam, but also by the Parliaments of all EU’s member states. Even so, with the EVFTA in place, Vietnam hopes to attract more investment from the EU as Vietnam has committed to provide investors from the EU with certain protection some of which have not been available in any other investment protection agreements to which Vietnam is a party. Investors with EU nationalities undoubtedly are interested in how Vietnam could implement its commitments under the EVIPA. The paper discusses key commitments of Vietnam under the EVIPA along the lines of relevant provisions of Vietnam law and addresses some noteworthy points for investors from the EU planning to invest in Vietnam. It argues that understanding how domestic law and regulations facilitate international commitments would help investors from the EU prepare for their investments in Vietnam.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132489929","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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