State liability for compensation in the development of vietnam proposals for further reform

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State liability for compensation in the development of vietnam proposals for further reform

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State liability for compensation in the development of vietnam proposals for further reform Hlíĩ ■

niversity, Vietnam)LL.M (Lund University, Sweden)Submitted in total fulfilment of the requirements for the degree of Doctor of PhilosophyTRUNG TÂM THÔ State liability for compensation in the development of vietnam proposals for further reform

NG TIN THƯVIỆN TRƯỜNG OAI HỌC UẬĨ HÀ NỘt PHÒNG DOC Ỵý/Í,/)College of Law and JusticeVictoria UniversityAustralia42248Abstractrhe Law on State Compensa

State liability for compensation in the development of vietnam proposals for further reform

tion Liability 200V (SCI } is a turning point in the reform precess in Vietnam with its aims of protecting human rights, boosting the development of a

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State liability for compensation in the development of vietnam proposals for further reform der it relating to wrongful decisions or actions by the executive and judicial branches of government and lor specific wrongful enforcement activities

. Using mixed methodologies the aims of the study arc to consider appropriate reforms to improve the SCL and enhance its implementation. rhe thesis co State liability for compensation in the development of vietnam proposals for further reform

nsiders the effectiveness of the SCL and its enforcement. It reviews and analyses theories and policies relating to state liability for wrongful actio

State liability for compensation in the development of vietnam proposals for further reform

ns. This establishes a platform for the evaluation of the SCI.. It critically investigates SCL’s appropriateness. Il argues that the SCI. has many def

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State liability for compensation in the development of vietnam proposals for further reform rocedures and mechanisms for settlement of compensation claims are complex and inappropriate. The enforcement of the SCI. is poor and consideration is

given to its improvement. The thesis also compares the Chinese SCL with that of Vietnam. It examines the similarities and differences in order to dra State liability for compensation in the development of vietnam proposals for further reform

w on Chinese experiences which may be relevant to Vietnam’s legal reforms. Finally, the thesis makes recommendations to improve the SCL and its enforc

State liability for compensation in the development of vietnam proposals for further reform

ement in order to suppotl the Doi moi (innovation) in Vietnam.Student declarationI. Nguyen Minh Oanh. declare (hat the PhD thesis is no more than 100.

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State liability for compensation in the development of vietnam proposals for further reform no material that has been submittedpreviously, in whole or in part, for the award of any other academic degree or diploma.Except where otherwise indic

ated, this exegesis is my own work.Signed:Dale:.ẲẮ.I .i J.fiMi.liAcknow lodgementsIo complete this thesis. I ow e a great deal to many people and orga State liability for compensation in the development of vietnam proposals for further reform

nisations.I would like to thank Hanoi Law University, where I work, and the Government of Vietnam for providing me with the opportunity to stud) in Au

State liability for compensation in the development of vietnam proposals for further reform

stralia. My special thanks go to the College of Law and Justice of Victoria University for their financial support for my extra tuition fees. Without

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State liability for compensation in the development of vietnam proposals for further reform Andrews, for his kind acceptance in supervising my research: for spending a great deal of time, energy and patience in helping me to clarify issues,

shape ideas, reading various earlier drafts of my thesis, and giving me insightful comments; for his sympathy and encouragement with my life and finan State liability for compensation in the development of vietnam proposals for further reform

cial difficulties. I thank my co-sunervisors, Dr James Me Coin ill and Mr Brendon Stewart -my former co-supervisoi- who kindly lead my drafts and gave

State liability for compensation in the development of vietnam proposals for further reform

me useful advice, lhe thesis would never have been completed without their valuable support.

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