Climate Change and Energy Security

Duong, Cong Thuy; Duong, Nguyen Cam; Dung, Nguyen Tan; Chuc, Hoang Thi Hong; Hoang, Nguyen; Dung, Doan Thu; Quynh, Vu Duong; Linh, Hoang Thi; Diem, Le Thi Thanh; Dương, Phan Thùy

doi:10.31219/osf.io/9sejb

Cited by 2 publications

(1 citation statement)

References 2 publications

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“…For example, reformers urge the state to promote the "suitable elements of customary laws and village rules, while removing the backward ones"-an approach that reflects government ethnic minority policies. 142 There is mixed evidence the government has responded to calls for greater recognition of natural law. For some commentators, the enactment of the Civil Code No.…”

Section: E Formal Recognition Of Non-state Customary Lawmentioning

confidence: 99%

Legal Pluralism and the Struggle for Customary Law in the Vietnamese Highlands

Gillespie

Tran

2022

The American Journal of Comparative Law

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For centuries, diverse groups of people living in the highlands of Southeast Asia have resisted lowland empires in China, Myanmar, Thailand, and Vietnam. The interaction between lowlanders and highlanders has been described as “internal colonization”—a process involving the absorption or displacement of highland communities and customary law. This Article draws on an empirical study to explore whether the Vietnamese Government’s new “village covenant” (Hương ước) program is continuing internal colonization by transforming and displacing customary law in the Vietnamese Central Highlands. It uses a novel analytical framework—synthetized from legal pluralism and systems theory—to argue the state legal system and highland communities lack a shared conceptual grammar in which to identify common ground, reconcile differences, and converge. The Article closes with the conclusion that, although highland communities are resisting internal colonization, the forces of modernity are slowly changing the deeply held epistemic assumptions underlying customary law.

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Section: E Formal Recognition Of Non-state Customary Lawmentioning

confidence: 99%