<abstract xmlns="http://www.w3.org/1999/xhtml">

The now prevalent use of Artificial Intelligence (AI) and specifically machine learning driven models to automate the making of decisions raises novel legal issues. One issue of particular importance arises when the rationale for the automated decision is not readily determinable or traceable by virtue of the complexity of the model used: How can such a decision be legally assessed and substantiated? How can any potential legal liability for a “wrong” decision be properly determined? These questions are being explored by organizations and governments around the world.
A key informant to any analysis in these cases is the extent to which the model in question is “explainable”.
This paper seeks to provide (1) an introductory overview of the technical components of machine learning models in a manner consumable by someone without a computer science or mathematics background, (2) a summary of the Canadian and Vietnamese response to the explainability challenge so far, (3) an analysis of what an ”explanation” is in the scientific and legal domains, and (4) a preliminary legal framework for analyzing the sufficiency of explanation of a particular model and its prediction(s).
</abstract>

Explainability of Artificial Intelligence Models: Technical Foundations and Legal Principles

<abstract xmlns="http://www.w3.org/1999/xhtml">

Artificial intelligence (AI) is the latest in a long wave of disruptive technology, offering significant benefits but also creating risks if deployed in an uncontrolled manner. Recognizing this, many countries around the world, including Vietnam, are making efforts to research and build a legal framework to regulate and manage the development of AI to ensure that this technology supports their socio-economic development. In this context, the legislative experience of the European Union, one of world’s leaders in digital technology, is of high significance.
The European GDPR, adopted in 2016, has become the international standard in terms of data protection. The EU AI Act, which is currently in a draft stage and will come into force not before end of 2024, sets out horizontal rules for the development, commodification and use of AI-driven products, services and systems, including the AI system and data protection. This article particularly scrutinizes the interplay between both the AI Act/AI systems and the GDPR and considers the regulatory state of play as at October 2022.
</abstract>

Artificial Intelligence and Data Protection: How to Reconcile Both Areas from the European Law Perspective

<abstract xmlns="http://www.w3.org/1999/xhtml">

While computer programs were purely tools for people to perform their creative activities 50 years ago, computer programs today, so called Artificial Intelligence(AI), can create intellectual products independently from people. The US has a leading role over all other countries in top-tier AI research, as well as most AI-related patent application filing. Does the US protect such inventions? If not, how does the US deal with liability concerning AI application? How does the development of AI call for intellectual property right law reforms in the US? The paper aims at addressing the above questions. Moreover, the paper provides a comprehensive analysis on AI-related patent in the US in comparison with the Vietnamese legal system. Descriptive legal research, analytical approach, comparison of legislation and case studies are employed in the paper.
</abstract>

Patent Relating to Artificial Intelligence and Liability for Artificial Intelligence Application from the us Law Perspectives

<abstract xmlns="http://www.w3.org/1999/xhtml">

The last decade has seen a growing trend towards the combination of sustainability, in which environmental protection is the most important, with trade in both regional and international forums. Indeed, the term “sustainable development”, which rarely appeared in “traditional” trade or investment agreements, is easy to be found in many new-generation agreements such as CP-TPP or a series of FTAs recently signed by the EU with its partners such as Canada, Singapore and Vietnam.
It has been observed that the interaction between sustainable development and trade-investment, especially via dispute settlement activities, has been intensively studied. However, as the combination of sustainability in FTA has just been promoted recently with the aim to tackle the abovementioned issue. The provisions on sustainable and environmental protection are included in the new generation FTA, i.e. CP-TPP, EU-Canada Comprehensive Economic and Trade Agreement, EU-Singapore FTA and EU-Vietnam’s FTA. These sustainability-support regulations help to confirm the right of the hosting state to set its own levels of domestic protection in the environmental and social areas as well as to build and follow its own environmental policies. However, these provisions are still general compared to the set of trade-investment rules/obligations under the trade-investment agreements.
The aim of this paper is to find out the meaning and status of the sustainability-support regulations under trade-investment agreements. It examines these provisions in light of maintaining countries’ right to protect the environment under abovementioned preferential trade-investment agreements in order to critically evaluate the effect of these rules on future measures of relevant countries to protect the environment.
</abstract>

The Inclusion of Sustainable Development into New-Generation FTAS – What Can be Expected in Reserving Nations’ Rights to Regulate?

<abstract xmlns="http://www.w3.org/1999/xhtml">

India secured its independence from the British rule in 1947. Vietnam eliminated the presence of foreign military forces in 1975. Both countries have faced adversity through subjugation. The similarity does not end here. The family unit in both nations is given primary precedence and importance, as it is considered to be the nucleus of the society. However, while Vietnam regulates matrimony through the uniform code of Law on Marriage and Family, 2014, India does not have a uniform code.
India is a secular country where different religions are practiced freely. Matrimonial laws in India are governed by the personal laws of the parties depending on their religion, codified under different statutes, viz. Hindu Marriage Act, 1955; Muslim law; Indian Christian Marriage Act, 1872; Parsi Marriage and Divorce Act, 1936; and Special Marriage Act, 1954. This paper will compare the status of matrimonial laws in India and Vietnam with an attempt to answer the question as to whether it is advisable to reconcile different personal laws under a uniform code for India.
</abstract>

Comparing Matrimonial Laws in India and Vietnam: Is a Uniform Civil Code Necessary?

AHEAD OF PRINT

Volume 10 (2024): Issue 1 (April 2024)

Volume 9 (2023): Issue 2 (December 2023)

Volume 8 (2023): Issue 1 (June 2023)

Volume 7 (2022): Issue 2 (December 2022)

Volume 6 (2022): Issue 1 (June 2022)

Volume 5 (2021): Issue 2 (December 2021)

Volume 4 (2021): Issue 1 (June 2021)

Volume 3 (2020): Issue 2 (December 2020)

Volume 2 (2020): Issue 1 (September 2020)

Volume 1 (2019): Issue 1 (November 2019)

Vietnamese Journal of Legal Sciences

 Print ISSN (p-ISSN): 2719-5872, Online ISSN (eISSN): 2719-3004   The Vietnamese Journal of Legal Sciences (abbreviation VJLS) is a semi-annual journal that aims to provide a platform for the dissemination of high-quality, peer-reviewed research across diverse realms of law and policies with contemporary relevance. It was founded under the initiative of Ho Chi Minh City University of Law, a leading legal educational and training institution in Vietnam. VJLS aims to foster intellectual discourse and contribute to the advancement of legal scholarship.   The VJLS provides a platform for national and cross-national discussion on topics in both public and private law, as well as interdisciplinary contributions that are relevant to legal studies. In particular, the VJLS focuses on publishing articles, book reviews, case commentaries and other such which analyse the recent developments related to legal issues raised in Vietnam or other countries in the context of globalization and modernization. Therefore, contributions related to the following topics will be highly encouraged:    Challenges and Opportunities, as well as Legal issues in emerging economies in the region: Focusing on Vietnam and other countries in the Asia-Pacific region, exploring challenges, opportunities, and legal issues in the context of globalization and industrialization;   International Legal Comparisons: Examining legal issues and solutions globally, providing insights and experiences applicable for countries in the Asia Pacific Region; drawing valuable insights from countries facing similar concerns, offering a comparative perspective to guide policy and legal reform;   Interdisciplinary Submissions: Welcoming contributions intersecting with legal studies that may originate from other disciplines, offering a multifaceted view of how the law interacts with societal changes.    The journal’s activities are supported by an extensive international editorial board, as well as devoted native-speaker language editors. Articles are widely distributed, via printed as well as free-access digital versions, to lecturers, students, researchers and practitioners in the legal field.     Open Access Policy   Vietnamese Journal of Legal Sciences is an open-access journal, which means that all content is freely available without charge to the user or his/her institution. Users are allowed to read, download, copy, print, search, or link to the full texts of the articles in this journal without asking prior permission from the publisher or the author. Authors retain their copyright and agree to license their articles. Vietnamese Journal of Legal Sciences is a no-fee journal. Authors are not charged for the publication of their articles.   Charges   Vietnamese Journal of Legal Sciences is a no-fee journal. Authors are not charged for the publication of their articles.　   Website   https://sciendo.com/journal/VJLS   Archiving Policy   VJLS is published in both online and hard-copy forms.   Archiving   Sciendo archives the contents of this journal in Portico – a digital long-term preservation service of scholarly books, journals and collections.   Ethics Policy   Please find the Ethics Policy of the VJLS in the For Authors section.   The editorial board is participating in a growing community of Similarity Check System users in order to ensure that the content published is original and trustworthy. Similarity Check is a medium that allows for comprehensive manuscript screening, aimed to eliminate plagiarism and provide a high standard and quality peer-review process. 