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Contribution to Book
Fragmented pragmatism: the conclusion and adoption of international treaties in Vietnam
Asian Socialism and Legal Change: The Dynamics of Vietnamese and Chinese Reform (2005)
  • Tannetje Bryant, Monash University
  • Brad Jessup, Monash University
Abstract
Although The Socialist Republic of Vietnam (hereafter ‘Vietnam’) has rules regarding the conclusion and adoption of international treaties, they do not make clear whether international obligations entered into by Vietnam are self-executing or require the passage of national legislation to become effective domestically. The resolution to this issue is important because the mode of adoption of international treaties determines which law to apply where there is a conflict between an international treaty obligation and a domestic law. The issue also indirectly relates to how Vietnam complies with its treaty obligations. This chapter will examine the rules with regard to the conclusion and adoption of treaties by Vietnam, questioning whether the Ordinance on the Conclusion and Implementation of International Agreements 1998 reflects an incorporation or transformation approach with respect to treaty adoption. Further evidence, specifically an analysis of the measures undertaken by Vietnam in fulfilment of its treaty obligations, the perceived application and effect of international treaties in Vietnam’s socialist law regime and the treatment of treaties in domestic laws, will be relied on to conclude how treaties are adopted in Vietnam.
Keywords
  • Vietnam,
  • International law,
  • Treaties,
  • Incorporation of laws,
  • Adoption of laws,
  • Socialism and the law
Disciplines
Publication Date
December, 2005
Editor
John Gillespie and Pip Nicholson
Publisher
Asia Pacific Press
Citation Information
Tannetje Bryant and Brad Jessup. "Fragmented pragmatism: the conclusion and adoption of international treaties in Vietnam" CanberraAsian Socialism and Legal Change: The Dynamics of Vietnamese and Chinese Reform (2005)
Available at: http://works.bepress.com/brad_jessup/2/