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Vietnam International Trade Mechanism Judicial Settlement Contract Dispute

Posted on:2017-02-22Degree:MasterType:Thesis
Country:ChinaCandidate:K Y T R U O N G K H A C D Full Text:PDF
GTID:2296330488482821Subject:International law
Abstract/Summary:PDF Full Text Request
In the development and integration into the global economy, the pace of which Vietnam is undergoing a comprehensive reform update, the implementation of multi-market economic system. Relationship between the domestic economy and foreign economic relations, Vietnam increasingly diverse. This means that the occurrence of international trade contract disputes are inevitable, so the need for appropriate and effective way to resolve disputes. Court settlement of international trade is one way to contract disputes.Depth study of international trade contracts category, to resolve international trade disputes way contracts and other help to a better understanding of international trade law, international trade practices in countries for foreign trade activities, trade law. This process of signing on Vietnamese legislation and enforcement efforts in the reform process of updating and Vietnamese enterprises and the fulfillment of international trade contracts which plays an extremely important role.But international trade contracts is extremely complex, associated with different national laws, while addressing the need for national laws, international conventions and national-based international trade practices when these contracts in international trade disputes.In this paper, the study of international trade law, countries in international trade dispute resolution and to assess Vietnamese court to resolve contract disputes in international trade practices.Depth and comprehensive study of some foreign and Vietnamese court to resolve international trade disputes Contract arguments, scientific evidence and other theoretical and practical value, judicial reform is a necessary step. Thus proposes to reform laws and regulations, supplement and perfect recommend appropriate solutions to improve the quality of business management disputes, contract disputes in international trade of court solution. The purpose of this paper is a deeper understanding of the basic theory of international trade contracts, how good to finish in Vietnam in order to appear in court to resolve international trade disputes contract to make some comments and suggestions.The thesis includes the following four parts:The first part, the international trade contract disputes judicial settlement of the basic theory. Discussion trade contracts, international trade contracts, international trade and international trade classification contract dispute contract disputes judicial settlement mechanism, as well as to explore the basis of the jurisdiction and other mechanisms of international trade contract disputes judicial settlement.The second part, the need to improve Vietnam’s international trade contract dispute settlement mechanism of justice. It analyzes the current situation of Vietnam international trade disputes judicial settlement mechanism, and proposed to meet the economic reform and development, protect the legitimate interests of the parties as well as to create a favorable international trade competitive environment demands, etc. To improve Vietnam’s international trade contract disputes judicial settlement mechanisms, particularly deficiencies and weak points.The third part, mainly in Vietnam International Trade Contract Dispute Settlement Mechanism justice exists. Discussion on Vietnam’s domestic legal system and the urgent need to improve the international legal sources insufficient, the court of international trade contract disputes jurisdiction provisions, insufficient capacity of international judges to resolve contract disputes as well as supporting the implementation mechanism is not perfect and other issues.The fourth part, Vietnam International Trade perfect path judicial dispute settlement mechanism. Including to improve the domestic legal system, international law and supplementary sources of law, the Court clearly defined the jurisdiction of the international trade contract disputes, clearly stipulated that the court’s jurisdiction over the case of international trade contracts, improve the ability of judges to resolve cases of international trade contracts and improve problems supporting the implementation mechanism.This innovation lies more in-depth introduction to Vietnam’s domestic research status on international trade contract disputes, and a new discovery and a perfect proposal. At the same time, because for the first time to conduct scientific research, so the text in the memory deficiencies to be improved.
Keywords/Search Tags:Vietnam International Trade, judicial settlement, contract disputes, market economy
PDF Full Text Request
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