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The immense process of economic and social transformation currently underway in China and Vietnam is well known and extensively documented. However, less attention has been devoted to the process of Chinese and Vietnamese legal change which is nonetheless critical for the future politics, society and economy of these two countries. In a unique comparative approach that brings together indigenous and international experts, Asian Socialism and Legal Change analyzes recent developments in the legal sphere in China and Vietnam. This book presents the diversity and dynamism of this process in China and Vietnam-the impact of socialism, constitutionalism and Confucianism on legal development; responses to change among enterprises and educational and legal institutions; conflicts between change led centrally and locally; and international influences on domestic legal institutions. Core socialist ideas continue to shape society, but have been adapted to local contexts and needs, in some areas more radically than in others. This book is the first systematic analysis of legal change in transitional economies.
The Constitution of the Socialist Republic of Vietnam (2001) is the third constitution adopted by the Vietnamese government since the political reunification of the country in 1976. In light of Doi Moi (market reforms adopted by Vietnam) beginning in 1986 and the collapse of the Eastern Bloc, Vietnam adopted a new Constitution in April 1992. The 1992 Constitution adopted a "socialist oriented market economy," allowed the development of private economic sectors, but largely retained the previous Leninist constitutional structure. The 2001 Constitution was the amended version of this second constitution passed in 1992.
Experts examine censorship, surveillance, and resistance across Asia, from China and India to Malaysia and the Philippines. A daily battle for rights and freedoms in cyberspace is being waged in Asia. At the epicenter of this contest is China—home to the world's largest Internet population and what is perhaps the world's most advanced Internet censorship and surveillance regime in cyberspace. Resistance to China's Internet controls comes from both grassroots activists and corporate giants such as Google. Meanwhile, similar struggles play out across the rest of the region, from India and Singapore to Thailand and Burma, although each national dynamic is unique. Access Contested, the third volume from the OpenNet Initiative (a collaborative partnership of the Citizen Lab at the University of Toronto's Munk School of Global Affairs, the Berkman Center for Internet and Society at Harvard University, and the SecDev Group in Ottawa), examines the interplay of national security, social and ethnic identity, and resistance in Asian cyberspace, offering in-depth accounts of national struggles against Internet controls as well as updated country reports by ONI researchers. The contributors examine such topics as Internet censorship in Thailand, the Malaysian blogosphere, surveillance and censorship around gender and sexuality in Malaysia, Internet governance in China, corporate social responsibility and freedom of expression in South Korea and India, cyber attacks on independent Burmese media, and distributed-denial-of-service attacks and other digital control measures across Asia.
This book examines changing international dynamics through the lens of some of the leading think tanks from the emerging powers in the world. Through twelve case studies, the authors explore how security and international affairs think tanks in emerging powers collaborate with their policy makers to meet current and anticipate future foreign policy and security challenges. Overall, the book illustrates and analyzes how think tanks in a variety of political and economic contexts are able to contribute to their respective policy-making processes. Included in the discussions are the problems or successes that each respective nation’s think tanks face, where they feel the emerging nation will be positioned, and where they are failing to meet the policy challenges they face. The book provides a comprehensive look at successful foreign policy formulation to serve as examples for other think tanks in similar political and economic conditions.
This new book examines constitutional debate and development in one of the most dynamic and rapidly changing societies in Asia, and will be of use to scholars and students of comparative law, comparative constitutional law and Asian law, and practitioners interested in Asia or in Vietnam. The book discusses and analyses the historical development, principles, doctrines and debates which comprise and shape Vietnamese constitutional law today, during a time of reform and debate. The chapters are written in sufficient detail for anyone coming to the subject for the first time to develop a clear and informed view of how the constitution is arranged, how it works, and the main points of debate on it in Vietnamese society. It is written in an accessible style, with an emphasis on clarity and concision. The book discusses and analyses the origins of Vietnamese constitutional thought; the first (1946) Constitution of independent Vietnam; Constitutional dialogue and debate in the late 1940s and 1950s, including the work of dissidents in the 1950s; the 1959 Vietnamese Constitution; constitutional dialogue and debate in the 1960s and 1970s; the 1980 Constitution; the rise of doi moi (renovation) and debates over constitutionalism in the 1980s; the 1992 Constitution, including the role of legislative, executive and judicial sectors, constitutional power and enforcement, constitutional rights and obligations, and other issues; constitutional dialogue and debate in the 1990s; the constitutional debate and revision process of 2001 and the current Vietnamese Constitution the rise of debate over judicial independence and constitutional enforcement and review in Vietnam; comparison to constitutional developments and debates in China; constitutions and constitutional issue in the former South Vietnam; the links and tensions between state and party constitutions; and concluding analysis of 60 years of the development of Vietnam's Constitution and constitutionalism.
Are the issues of civil society, “good governance”, and the role of NGOs in Vietnam part of a discursive discourse that is linked to a growing development industry in which development studies and economics dominate? Kleinen questions these issues based upon longitudinal research in Vietnam since the early 1990s. In this study, an effort is made to explain the concrete interactions between authorities of the Vietnamese one-party state and its citizens by introducing an attitude of participants to conceal their real intentions with the intent to disguise their actions in order to obtain benefits for their own. Using the concept of mimicry the author tries to grasp what it means to live in a society where political and economic life is dominated by elite groups and were social change is coming from different directions. Two case studies are presented here: one in which local stakeholders of home stay tourism achieve their goals to develop an acceptable form of co-habitation with ethnic minorities without questioning the state. Another case study focuses upon the rapid urbanization of the periphery of Hanoi where land grabbing and private economic gains of outsiders are at loggerheads with local experiences and perceptions of state-village relationships. The question remains what it means for Vietnam's modernization and the prospects of a civil society.
This book is a unique analysis of the struggle to build a rule of law in one of the world's most dynamic and vibrant nations - a socialist state that is seeking to build a market economy while struggling to pursue an ethos of social equality and opportunity. It addresses constitutional change, the assertion of constitutional claims by citizens, the formation of a strong civil society and non-profit sector, the emergence of economic law and the battles over who is benefited by the economic regulation, labor law and the protection of migrant and export labor, the rise of lawyers and public interest law, and other key topics. Alongside other countries, comparisons are made to parallel developments in another transforming socialist state, the People's Republic of China.
Describes and analyzes Vietnam1s political, economic, social and national security systems and institutions and the interrelationships of those systems and the ways they are shaped by cultural factors. Also covers people1s origins, dominant beliefs and values, their common interests and issues on which they are divided, the nature and extent of their involvement with national institutions and their attitudes toward each other and toward their social system and political order. 19 maps and photos.
"Proceedings of Vietnam Update Conference November 1992, Department of Political and Social Change, Research School of Pacific Studies, ANU".
Comparative constitutional law has a long and distinguished history in intellectual thought and in the construction of public law. As political actors and the people who create or modify their constitutional orders, they often wish to learn from the experience and learning of others. This cross-fertilization and mutual interaction has only accelerated with the onset of globalization, which has transformed the world into an interconnected web that facilitates dialogue and linkages across international and regional structures. Oxford Comparative Constitutionalism seeks to publish scholarship of the highest quality in constitutional law that deepens our knowledge of local, national, regional, and global phenomena through the lens of comparative public law. Book jacket.