Penelope Nicholson

Legal reforms in China and Vietnam : a comparison of Asian communist regimes

Part I Introduction. Chapter 1 Introduction: China and Vietnam Compared Professor Albert Chen University of Hong Kong and Professor John Gillespie. Chapter 2 Sequencing Chinese Legal Development Professor Randall Peerenboom. Part II Debating legal development in China and Vietnam. Chapter 3 Legal Thought and Legal Development in the Peoples Republic of China Professor Albert Chen. Chapter 4 The Juridification of State Regulation in Vietnam Professor John Gillespie. Part III Developing an Administrative Law System. Introduction: Professor Michael Dowdle. Chapter 5 Towards Regulatory Neutrality in a Party-State? A Review of Administrative Law Reforms in China Assistant Prof Dr Zheng Ge. Chapter 6 Achievements and challenges in developing an administrative law system in contemporary Vietnam Professor Vu Doan Ket and Matthieu Salomon. Part III Public access to justice. Introduction: Nicholas Booth. Chapter 7 Access to Justice in China: Potentials, Limits and Alternatives Professor Fu Hualing. Chapter 8 Publication and Public Access: the largely inaccessible Vietnamese court decision Associate Professor Pip Nicholson. Part IV Commercial regulatory reforms. Introduction: Professor Donald Clarke. Chapter 9 Commercial Regulatory Reform in China during Transition: An Alternative Path to the Regulatory State Assistant Prof Dr Leng Jing. Chapter 10 Vietnam: The development of commercial regulation in Vietnam Associate Professor Melanie Beresford. Part V The evolving role of legal education Introduction: Professor Jerry Cohen. Chapter 11 Chinas Lawyers and their Training: Enduring Influences and Disconnects Professor Alison Conner. Chapter 12 Legal Education in Vietnam: To Change or Not to Change? Bui Bich Thi Lien. Part VII Legal diffusion: the role of non-state actors in shaping the regulatory environment. Introduction: Professor Michael Dowdle. Chapter 13 China: Business Lobbying in China in Comparative Perspective Associate Professor Scott Kennedy. Chapter 14 By-passing the state: Non-state regulation in Vietnam Nguyen Hung Quang. Conclusion: Reflections on legal development in China and Vietnam Professor Albert Chen and Professor John Gillespie.

Local Accounts of Rule of Law Aid: Implications for Donors

This paper contributes to the debates about law and development, and the rule of law ‘project’ as transfer-based in three ways. First, it demonstrates the very real need to identify and listen to local experiences of court-oriented legal reform. The failure to listen to local stakeholders means law-focussed aid remains ethnocentric, self-referential, neo-colonial and possibly destructive. Secondly, our research offers insights into what works and why within court-oriented legal reform, through analysis of the local experience of multilateral and bilateral donors. This is important because the law and development literature, focussing on rule of law aid, frequently remains abstracted from the reality of its implementation, particularly by bilateral donors. Therefore we suggest our exploration of court-oriented legal reform in Cambodia and Vietnam contributes to the analysis of rule of law, but also has implications for legal technical assistance. Further, that disaggregating these two activities assists to identify how legal technical assistance might be transformed or adapted. Thirdly, the paper reiterates the connection between aid-funded legal development for reform and the analysis of legal transfers in the context of rule of law-inspired activity.

Vietnamese Law: A Bibliography

Abstract This bibliography is designed to assist students and scholars of both the history and contemporary features of the Vietnamese legal system. In particular, it takes a broad view of the interconnectedness of law and society. The result of positioning law and society as mutually reflective is that the bibliography includes materials shedding light on Vietnamese history, politics, culture and social and economic development. Although it does not offer an exhaustive listing on these wider issues, it equips the researcher to explore these issues as a corollary of legal research.