Socialist Law in Socialist East Asia

A fresh perspective on socialist law as practiced in China and Vietnam, two major socialist states.

Hualing Fu (Edited by), John Gillespie (Edited by), Pip Nicholson (Edited by), William Edmund Partlett (Edited by)

9781108424813, Cambridge University Press

Hardback, published 5 July 2018

460 pages, 1 table
23.5 x 15.9 x 2.6 cm, 0.76 kg

'This volume stands out for the deep experience, expertise, and confidence with which each of the individual chapters is crafted, … this volume combines both depth and breadth with lucid accessibility makes it even more worthy of adding to any library collection.' Alice de Jonge, Australian Journal of Asian Law

Since China's reform and opening up started in 1978 and Vietnam's Doi Moi reforms were initiated in 1986, these two East Asian economies have adopted capitalistic models of development while retaining and reforming their socialist legal systems along the way. Tracking the trajectory of socialist laws and their legacy, this book offers a unique comparison of laws and institutional designs in China and Vietnam. Leading scholars from China, Vietnam, Australia and the United States analyze the history, development and impact of socialist law reforms in these two continuing socialist states. Readers are offered a varied insight into the complex quality and unique features of socialist law and why it should be taken seriously. This is a fresh theoretical approach to, and internal critique of, socialist laws which demonstrates how socialist law in China and Vietnam may shape the future of global legal development among developing countries.

Part I. Socialism and Legality: 1. Socialist law in socialist East Asia Hualing Fu, John Gillespie, Pip Nicholson and William Edmund Partlett
2. What is not 'socialist' about socialist law Michael Dowdle
Part II. Socialism and Legacies: 3. The historical roots of socialist law William Partlett
4. Socialist rule of law with Chinese characteristics: a new genealogy Glenn Tiffert
5. The Soviet legacy and its impact on contemporary Vietnam Pham Duy Nhia
Part III. Constitutions: 6. Diverging trends in the socialist constitutionalism of the People's Republic of China and the Socialist Republic of Vietnam Hualing Fu and Jason Buhi
7. Constitutional dualism: socialism and constitutionalism in contemporary Vietnam Bui Ngoc Son
Part IV. Justice and Democratic Centralism: 8. Democratic centralism and administration in China Sarah Biddulph
9. Roots and routes: adapting the Soviet-inspired Vietnamese court and procuracy system Pip Nicholson and Pham Lan Phuong
Part V. Labour: 10. What is socialist about labour law in China? Aaron Halegua and Cynthia Estlund
11. Strike settlement in transitional Vietnam and the persistence of socialist and Marxist-Leninist influences Do Hai Ha
Part VI. Regulatory Approaches: 12. Is Vietnam transitioning out of socialism or transforming socialism? Searching for answers in commercial regulation John Gillespie
13. The influence of socialist principles on the legal regulation of markets in China Wendy Ng
Part VII. Land: 14. The evolution of the property system in China: between the socialist heritage and liberal market Chen Li
15. From revolution to evolution: the changing meanings of socialist land in Vietnam John Gillespie and Toan Le.

Subject Areas: International economic & trade law [LBBM], Public international law [LBB], International law [LB], Comparative law [LAM], Law [L], Development economics & emerging economies [KCM], International economics [KCL], Economic growth [KCG]