Vietnamese Journal of Legal Sciences最新文献

{"title":"The Interpretations of Exceptions and Limitations Under Vietnamese Copyright Law in Case of Quotation of a Work","authors":"Nguyen Thai Cuong, Nguyen Duc Nguyen Vy","doi":"10.2478/vjls-2021-0007","DOIUrl":"https://doi.org/10.2478/vjls-2021-0007","url":null,"abstract":"Abstract The exceptions and limitations in copyright law have been firmly established by the Berne Convention. Indeed, these foundations consolidate and facilitate the unification in protecting copyrights of member states’ domestic laws. Nevertheless, the understanding and interpretations of each member are notably different and inadvertently maintain the inconsistency in international law. On that basis, the article analyzes the practice of Berne Convention’s codification and application in Vietnamese laws and judicial practice. Thereafter, the article emphasizes that Vietnamese intellectual property law has attempted to internalize the Berne Convention’s provisions on the limitations and exceptions of copyright law and proposes solutions to ameliorate such attempts. The article then shows the practice in Vietnamese judgment in order to show how Vietnamese intellectual property law receive the provision of limitations and exceptions in copyright law.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128149230","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}

{"title":"Jurisdiction Limitation of National Courts with Respect to Civil Cases or Matters Involving Foreign Elements in Accordance with United States Laws and Vietnamese Law","authors":"Nguyen Le Hoai, Phung Hong Thanh","doi":"10.2478/vjls-2021-0008","DOIUrl":"https://doi.org/10.2478/vjls-2021-0008","url":null,"abstract":"Abstract Determination of limitation of jurisdiction of national courts with respect to civil cases or matters involving foreign elements has become an important aspect of judicial practice around the world as with the growing cross-border cooperation. The study on the subject matter helps to promote the efficiency in the civil procedure. On the one hand, it provides legal ground for national courts to determine their jurisdiction over the related civil cases or matters, and helps the plaintiff to initiate the legal action in the national court with competent to accept the case on the other. This article will analyse the U.S. laws as well as judicial experience in U.S. national courts on limitation of their jurisdiction in civil cases or matters involving foreign elements. It will focus on the cases in which the jurisdiction of the court is granted by mutual agreements of the relevant parties, frauds, force, immunities, forum non conveniens, limits imposed by the forum or the laws of the states where the transactions have been conducted. It will be followed by the critical assessments on the status of relevant laws and regulations of Vietnam and some recommendations for future development.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133758279","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}

{"title":"Asean is in the Movement of Combating Corruption: Should New - Generation Ftas Be a Promising Forum for Anti-Corruption Enforcement of Asean in International Business?","authors":"Hieu Le Ho Trung, J. B. Verances, Hung Tran Van","doi":"10.2478/vjls-2021-0005","DOIUrl":"https://doi.org/10.2478/vjls-2021-0005","url":null,"abstract":"Abstract For a long time, corruption has been a shrilling concern for ASEAN member states for the reason of being one of the primary causes restricting the integration of these nations into international trade and efforts at globalization. In fact, over the last few years, ASEAN has undertaken a myriad of policies and improved the regional legal framework to combat corruption such as the signing of UNCAC and new free trade agreements and the establishment of the ASEAN Economic Community. Notwithstanding this, according to the statistics of global organizations, the levels of anti-corruption in ASEAN countries, except Singapore and Brunei, are relatively low. This mainly derives from the fact that the national legal framework in each of the member states has not satisfied fully when the political regime lacks democracy, governmental authority is insufficiently impartial and the awareness of citizens about corruption is still moderate. Simultaneously, the international agreements to which ASEAN member states signed are only the model for domestic enforcement mechanisms, and seem to be silent on international enforcement of anti-corruption. To date, the WTO is known as a global agency for international business, to which all ASEAN countries have acceded. Under the WTO, there is no official mechanism for enforcement of anti-corruption; nevertheless, this organization acknowledges, encourages and states indirectly this issue via transparency, accountability or governance in their agreements (Government Procurement Agreement and Trade Facilitation Agreement). Under the Doha negotiation round, WTO member states failed to gain consensus to dismantle tariffs, resulting in the emergence of a myriad of bilateral and regional trade agreements out of the scope of the WTO. These have gradually developed to be so-called new-generation free trade agreements in the hope of mitigating the traditional trade barriers as well as lessening non-tariff ones, such as governance and transparency. The recent development of new-generation FTAs between ASEAN and/or ASEAN member(s) and the external trading partners that pay high attention to anti-corruption issues, i.e., EU, Australia, Canada, Japan, US, may create a promising forum for anti-corruption enforcement of ASEAN in international business in the future. This article will elaborate on all aforementioned issues before a reasonable conclusion is delivered.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123793081","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}

{"title":"The EU and China in International Negotiations on Trade-Related Intellectual Property Rights – Cooperation and Challenges","authors":"Su-jeong Kang","doi":"10.2478/vjls-2021-0002","DOIUrl":"https://doi.org/10.2478/vjls-2021-0002","url":null,"abstract":"Abstract In the multilateral forum of the WTO, trade-related intellectual property issues constitute one of the reasons for the dilemma in Doha negotiations. It is interesting to note, however, an increasing convergence between the EU and China’s policies in supporting the improvement of international intellectual property (IP) protection, and these two actors have even formed an alliance to promote stronger protection for the geographical indications. In order to understand the EU’s and China’s standpoint in international IP regulatory cooperation, it is necessary to examine their interaction and proposals in the WTO framework. This examination will provide insight into the issues on which these two major actors are readily able to reach agreement. It will also reveal the issues on which their differences still remain or have gradually narrowed to facilitate a rapprochement of views; accordingly, this paper reviews cooperation between the EU and China in multilateral negotiations on genetic resources and protection of geographical indications. The study will further examine the challenges leading to obstruction of the Doha negotiations.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131139526","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}

{"title":"Offsprings Conceived Via Assisted Reproductive Technology By a Single Woman: A Matter of Father Identification","authors":"V. Anh","doi":"10.2478/vjls-2021-0001","DOIUrl":"https://doi.org/10.2478/vjls-2021-0001","url":null,"abstract":"Abstract This article sets out the matter of the sperm donor’s identification as the father of the offspring conceived via assisted reproductive technology (ART) by a single woman. Through the lens of current regulations that are used for comparison with some other countries, the author lays out some proposals relevant to the mentioned matter.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"78 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133900778","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}

{"title":"The Free Trade Agreement and Investment Dispute Settlement Between the European Union and Vietnam: A Critical Assessment","authors":"U. Turksen, H. Nguyen","doi":"10.2478/vjls-2021-0003","DOIUrl":"https://doi.org/10.2478/vjls-2021-0003","url":null,"abstract":"Abstract The European Union (EU) is an open market economy, and against the rise of protectionism globally, the ‘Global Europe: Competing in the world’ communication of European Commission in 2006 reflected the EU perspective that Free Trade Agreements as alternatives can go further and faster in promoting openness and integration, by tackling issues which are not readily available for multilateral negotiations and by preparing the stepping stones for the next level of multilateral liberalization. After the prolonged negotiations and the EU’s legislative processes, the European Parliament gave its consent to both agreements of European Union – Vietnam Free Trade Agreement and Investment Protection Agreement on 12 February 2020. Those bilateral instruments promote enhanced transparency and regulatory best practices that are consistent with existing international norms or standards, also an important stepping stone and a show-case for the EU’s longer-term goal of a region-to-region (EU - Southeast Asia) trade deal. Those agreements have established a new two-level judicial structure with the strong judicial character (Investment Tribunal System – ITS) which Vietnam has accepted via legally binding commitments. It is important for Vietnam to follow the good governance standards and the rule of law principles. If the ITS works well, it will provide additional safeguards and guarantees to investors whereby FDI flows to Vietnam are likely to increase. Finally, the ITS regime provides a powerful incentive or a catalyst to review and modernize the domestic legal system of Vietnam not only to improve the investment eco-system in Vietnam but to pave the way for optimization of its economic potential and competitive power in the region (i.e. in the ASEAN).","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"352 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131684491","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}

{"title":"The Rules Applicable to Conflicts of Interests for Canadian State Representatives","authors":"S. Lafrance","doi":"10.2478/vjls-2021-0004","DOIUrl":"https://doi.org/10.2478/vjls-2021-0004","url":null,"abstract":"Abstract Conflicts of interest among public officials and public servants have long been an issue of public concern. This paper discusses the various legal instruments implemented by Canada as well as the legal principles that directly address the different aspects of this issue in Canada","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"80 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133184631","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}

{"title":"The Impact of Artificial Intelligence on the Formation and the Development of the Law","authors":"S. Lafrance","doi":"10.2478/vjls-2020-0007","DOIUrl":"https://doi.org/10.2478/vjls-2020-0007","url":null,"abstract":"Abstract This paper explores various impacts of artificial intelligence (“AI”) on the law, and the practice of law more specifically, for example the use of predictive tools. The author also examines some of the innovations but also limits of AI in the context of the legal profession as well as some ethical and legal issues raised by the use and evolution of AI in the legal area.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116485501","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}

{"title":"From Third World to First World: Law and Policy in Singapore’s Urban Transformation & Integration","authors":"E. Tan","doi":"10.2478/vjls-2020-0012","DOIUrl":"https://doi.org/10.2478/vjls-2020-0012","url":null,"abstract":"Abstract The physical transformation of a colonial backwater city, Singapore, in one generation has been described as a feat of urban planning, renewal, and development. Less studied is the political will of the government to create a thriving city fit for purpose. Even less studied is the role of law that provides the powerful levers for the rapid and deep-seated changes to the urban landscape in Singapore. In this regard, the mindset shift that accompanied the massive urban transformation has facilitated a national psyche that embraces the material dimension of progress, for which urban renewal is not just a mere indicator but also a mantra for the fledgling nation-state desirous of change as a mark of progress. This essay examines the multi-faceted role of law in undergirding urban planning, policy, and development in Singapore. Rather than just providing a focus on specific laws that enables the government to shape the processes of urban redevelopment, the essay argues that these laws have to be understood within the context of “urban redevelopment pragmatism” in which pragmatism is as much a planning ideology as it is a driver of urban change and renewal. Furthermore, this planning pragmatism, very much mission-oriented towards national goals, has become a potent source of political and performance legitimacy for the ruling People’s Action Party. The legal regime that provided the wherewithal for urban renewal, economic activity, water quality management, and spatial integration of a polyglot society is now being reconfigured for the urgent aspiration of becoming a global city and a smart nation. The essay also considers the limitations to this planning and redevelopment pragmatism, and how the rapid urban change has somewhat enervated the urban heritage and contributed to a weakening of the collective memory of change amid continuity.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116689581","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}

{"title":"International Cooperation for the Belt and Road Initiative: Key Issues and Future Prospects","authors":"Liao Li","doi":"10.2478/vjls-2020-0011","DOIUrl":"https://doi.org/10.2478/vjls-2020-0011","url":null,"abstract":"Abstract International Cooperation for the Belt and Road Initiative (BRI) is of great significance to China and the other BRI countries. By the end of January 2020, China has signed 200 cooperation documents with 138 countries and 30 international organizations to build the “Belt and Road”. The BRI faces challenges from some Western and ASEAN countries, differences among the Belt and Road Countries, and also global emergency issues. In addition to grave threats to human life, the COVID-19 coronavirus carries serious risks for the global economy. In the implementation process of the BRI, it will inevitably encounter various trade and investment frictions, and it needs a long-term dispute settlement mechanism. In the post-epidemic era, we need to construct top-level design, accelerate further trade cooperation, promote China-ASEAN cooperation, strengthen China-African Cooperation, and jointly fight against the epidemic.","PeriodicalId":403361,"journal":{"name":"Vietnamese Journal of Legal Sciences","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124744775","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}