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Ownership Relations in the Development Trend of Sharing Economy in Vietnam 越南共享经济发展趋势中的所有权关系
Pub Date : 2021-06-01 DOI: 10.54945/jjia.v1i5.61
Hoang Ngoc Hai, Ho Thi Thanh Thuy
Sharing economy is a term that has been discussed a lot on e-commerce forums in Vietnam recently. This is a new business model that can bring super profits along with general benefits to society on the digital economy platform. The sharing economy is a new opportunity to change the way of doing business from owning assets to using assets without owning. In the past, the possession of physical-production materials or consumption materials was the most important factor in assessing the efficiency of enterprises or the quality of life, but the trend nowadays has changed. Throughout the industrial revolutions from the first to the fourth ones, the production force has had a remarkable development from mechanics, electrification, electronics, computers, artificial intelligence, and cloud computing... The influence of the fourth industrial revolution and the emergence of the sharing economy leads to the appearance of a new generation who prefer the consuming experience of possessing material. Along with that trend, the production relationship, including the ownership, also has certain changes such as the subjects and objects of the ownership, the new perception of ownership... Changes in ownership, when the sharing economy is formed and developed in Vietnam, has raised many problems such as changes in ownership objects in sharing economies require a complete institutional foundation of management; property rights, especially intellectual property; means and ways to evaluate and measure the efficiency and profitability of enterprises pursuing the form of "sharing economy". Henceforth, the article proposes several implications for solving problems that arise in ownership when developing the sharing economy in Vietnam, that is: completing the institution; providing a full and flexible legal environment; creating conditions for the effective development and management of subjects participating in the sharing economic model, consistent with the rapid change of science and technology platform; renewing the intellectual property regime in the direction of encouraging creativity and protecting property rights in all fields; building a system of means and methods for economic accounting and information transparency in the sharing economy; enhancing understanding of subjects when participating in the sharing economy; having a management mechanism to protect legal rights and interests as well as personal property.
共享经济是最近越南电子商务论坛上讨论得很多的一个术语。这是在数字经济平台上为社会带来超利润和普惠的一种新的商业模式。共享经济是将经营方式从拥有资产转变为不拥有资产而使用资产的新机遇。在过去,物质生产材料或消费材料的占有是衡量企业效率或生活质量的最重要因素,但现在的趋势发生了变化。从第一次工业革命到第四次工业革命,生产力有了显著的发展,从机械、电气化、电子、计算机、人工智能、云计算……第四次工业革命的影响和共享经济的出现,导致了新一代更喜欢拥有物质的消费体验的出现。与此同时,包括所有权在内的生产关系也发生了一定的变化,如所有权的主体和客体、对所有权的新认识……在越南共享经济形成和发展的过程中,所有权的变化提出了许多问题,如共享经济所有权客体的变化需要完善的管理制度基础;产权,尤指知识产权;评估和衡量企业追求“共享经济”形式的效率和盈利能力的手段和方法。因此,本文提出了解决越南发展共享经济过程中出现的所有权问题的几点启示,即:完善制度;提供全面而灵活的法律环境;为主体参与共享经济模式的有效发展和管理创造条件,符合科技平台的快速变化;更新知识产权制度,鼓励创新,保护各领域的产权;构建共享经济经济核算和信息透明的手段和方法体系;在参与共享经济时加强对主体的理解;有保护合法权益和个人财产的管理机制。
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引用次数: 0
Mary Ellen O'Connell, The Art of Law in the International Community, Cambridge University Press, May 2019 玛丽·艾伦·奥康奈尔,《国际社会中的法律艺术》,剑桥大学出版社,2019年5月
Pub Date : 2021-06-01 DOI: 10.54945/jjia.v1i5.66
Ankita Malhotra
Professor Mary-Ellen O’Connell, in her new book, The Art of Law in the International Community, packs the tale of an extra-positive approach to law-making back at the centre of the stage. The book attempts to consider the of the community to explain the rise of two pillars of contemporary international law, namely the legal regulation of the use of force and the rules (or more precisely the meta-rules) on jus cogens. The book shifts steadily towards the intersection between natural law, jus cogens, and the ban of unilateral use of force. Methodologically speaking, the two regimes intersect since both are off springs of the UN Charter and the 1969 Vienna Convention. Perhaps not in the same trend of state practice, both principles formulate the general principle of international law. In sum, they add a small group of rules which feature the new world order in the aftermath of World War II.
玛丽-艾伦·奥康奈尔教授在她的新书《国际社会中的法律艺术》中,讲述了一个在舞台中央制定法律的额外积极方法的故事。本书试图从共同体的角度来解释当代国际法两大支柱的兴起,即对武力使用的法律规制和关于强制法的规则(或更准确地说,是元规则)。这本书逐渐转向自然法、强制法和禁止单方面使用武力之间的交叉点。从方法上讲,这两种制度是交叉的,因为它们都是《联合国宪章》和1969年《维也纳公约》的产物。也许在不同的国家实践趋势中,这两项原则都制定了国际法的一般原则。总之,它们增加了一小部分规则,以二战后的世界新秩序为特征。
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引用次数: 0
Malhotra, R. (2021). Artificial Intelligence and the Future of Power. New Delhi: Rupa Publications 马尔霍特拉,R.(2021)。人工智能与电力的未来。新德里:鲁帕出版社
Pub Date : 2021-06-01 DOI: 10.54945/jjia.v1i5.63
Arun Teja Polcumpally
There is a good number of books dwelling on the impact of AI. Not many books are written on the concept of power. Rajiv Malhotra has eloquently written his insights into how AI would change the social fabric which in turn revolutionizes the understanding of the term power. At the onset, this book is meant for general reading and not specifically designed for the social science experts of technology scientists. Accordingly, this work should not be compared with the works of Nick Bostrom, Andrew NG, or KaiFu Lee. This book is structured on the five battlegrounds which are not to be confused with the geopolitical tussles. They represent the Economy and Jobs; Psychology; Global Power, Metaphysics, and India's future. This book appears to have emerged from the authors own philosophical debate between constructivism and material determinism. The author does not explicitly bring the western Science, Technology, and Society (STS) scholarship but builds his constructivism on Indian traditional knowledge systems. Books like Mahabharata, Gita and scholars like Sant Ramdas, Tukaram were frequently quoted. He espouses that the development and deployment of AI must be in congruence with the Indian traditional knowledge. This reminds the new book of Indian External Affairs Minister, Subramanian Jaishankar, in his book also has a similar take when it comes to the designing of foreign policy (Jaishankar, 2020, p. 112).
有很多书都在讨论人工智能的影响。关于权力概念的书并不多。拉吉夫·马尔霍特拉(Rajiv Malhotra)雄辩地写下了他对人工智能将如何改变社会结构的见解,这反过来又彻底改变了对权力一词的理解。一开始,这本书是为一般阅读而不是专门为社会科学专家或技术科学家设计的。因此,这部作品不应该与Nick Bostrom、Andrew NG或李开复的作品进行比较。这本书的结构是五个战场,不要与地缘政治斗争混淆。他们代表着经济和就业;心理学;全球权力、形而上学和印度的未来。这本书似乎是从作者自己在建构主义和物质决定论之间的哲学辩论中产生的。作者没有明确引入西方的科学、技术与社会(STS)学术,而是将他的建构主义建立在印度传统知识体系之上。像《摩诃婆罗多》、《吉歌》这样的书和像圣拉姆达斯、图卡拉姆这样的学者经常被引用。他主张人工智能的发展和部署必须与印度的传统知识相一致。这提醒了印度外交部长的新书,萨勃拉曼尼亚Jaishankar,在他的书中也有类似的看法时,外交政策的设计(Jaishankar, 2020年,p . 112)。
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引用次数: 0
Adil Rasheed, Countering the Radical Narrative, Knowledge World Publishers. New Delhi 2020, ISBN 978-93-89137-71-2. 阿迪尔·拉希德,《反对激进叙事》,知识世界出版社。新德里2020,ISBN 978-93-89137-71-2。
Pub Date : 2021-06-01 DOI: 10.54945/jjia.v1i5.64
Jyoti Pathania
Countering the Radical Narrative is both timely, topical and invaluable book based on comprehensive research on the conceptual underpinnings of narratives, countering the radical narratives and indoctrination with respect to the extremists, terrorists groups and organisations. Radicalisation has emerged as a significant challenge across the South Asian region over the past decade and it cannot be countered by kinetic measures alone, therefore the book is an apt reading and response mechanism in proposing not only deep insights but also proposing ways, methods and techniques for reversing or rather countering radicalisation with a particular focus on the threats posed by the global jihadists groups. Though the definition is given by the author, ‘The indoctrination of extremists ideologies lead to the transformation of law-abiding citizens into violent extremists’1 is perhaps too simplistic a definition for such a complex and complicated phenomenon called radicalisation. In today's context, one can rightly argue that radicalisation is targeting our future generation i.e. the youth. The very notion that only madrasa educated youth are vulnerable to becoming radicalised and terrorist might not give a complete picture, therefore there is a need to revisit radicalisation with a new prism especially with concerning youth. The book examines the need to fight this by understanding the ideological and psychological domain of the terrorists.
《反对激进叙事》是一本及时、有主题、有价值的书,它基于对叙事的概念基础的全面研究,反对极端主义、恐怖主义团体和组织的激进叙事和灌输。在过去的十年里,激进化已经成为南亚地区的一个重大挑战,单靠动力措施是无法应对的,因此这本书是一个恰当的阅读和回应机制,它不仅提出了深刻的见解,而且提出了扭转或更确切地说,反对激进化的途径、方法和技术,特别关注全球圣战组织构成的威胁。虽然作者给出了定义,但“极端主义意识形态的灌输导致守法公民转变为暴力极端分子”对于激进化这种复杂而复杂的现象来说,这个定义可能过于简单化了。在今天的背景下,人们可以正确地认为激进化是针对我们的下一代,即年轻人。只有受过伊斯兰学校教育的年轻人才容易变得激进和恐怖主义,这一观点可能并没有给出一个完整的图景,因此有必要从新的角度重新审视激进化,尤其是与年轻人有关的问题。这本书通过了解恐怖分子的意识形态和心理领域,探讨了与之斗争的必要性。
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引用次数: 0
Chinese Military Adventurism and Assertive Behaviour 中国军事冒险主义和独断行为
Pub Date : 2021-06-01 DOI: 10.54945/jjia.v1i5.60
Arjun
China’s expansionist vision has led to the violation of its neighbouring countries’ territories, antagonising many Indo-Pacific member states. Beijing’s resolution to unilaterally change the physical status quo in the South China Sea (SCS), and in the Himalayan plains has resulted in military stand-offs and clashes, while exacerbating China’s bilateral relations. China’s belligerent adventurism in the SCS has triggered several flashpoints and consequently, tensions have escalated in the region. China’s highhandedness as well as aggressive posturing in the Galwan Valley in Ladakh has led to the culmination of one of the biggest bloody military clashes between India and China since 1962. India has responded to China’s belligerence in a befitting manner that has rattled its adversary by using various tools of statecraft to stage its strong displeasure and signalled that it will no longer cow down to any sort of pressure.
中国的扩张主义愿景导致其侵犯邻国领土,激怒了许多印太成员国。北京单方面改变南中国海(SCS)和喜马拉雅平原现状的决议导致了军事对峙和冲突,同时加剧了中国的双边关系。中国在南海的好战冒险主义引发了几个爆发点,因此,该地区的紧张局势升级。中国在拉达克加尔万河谷的专横和咄咄逼人的姿态,导致了印度和中国自1962年以来最大的血腥军事冲突之一的高潮。印度以一种恰当的方式回应了中国的好战,通过使用各种治国手段来表达强烈的不满,并表明它将不再屈服于任何压力,从而激怒了它的对手。
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引用次数: 0
China’s expanding national interests in the broader Red Sea arena 中国在更广阔的红海舞台上不断扩大的国家利益
Pub Date : 2020-12-01 DOI: 10.54945/jjia.v2i4.52
F. Pertiwi, Anak Agung Banyu Perwita
This article seeks to explain the importance of the broader Red Sea arena and what national interests China particularly owns within that specific region. China has been making its presence felt in the region, in the past few years, especially after Beijing decided to establish its very first foreign naval base in Djibouti. This research paper shows that the specific region holds significance in economic, security, and political dimensions. That being said, China’s national interests in this study are further classified into geoeconomic, geo-security, and geo-political dimensions. Through the theoretical framework of national interest, maritime security, and foreign policy, this study will explain what makes this broader Red Sea arena important and how it is related with China’s expanding national interests surrounding the said region. The paper concludes that China’s global presence in the broader Red Sea arena can be justified based on the importance that the mentioned region holds as well as China’s expanding global interests which already exceed Beijing’s national territory itself. In that sense, maritime security has also become an important aspect to identify China’s behaviour in the region. The confirmation of such a conclusion is drawn from China’s several foreign policy initiatives, executed to protect and secure its own interests.
本文试图解释更广阔的红海舞台的重要性,以及中国在这一特定地区拥有的国家利益。在过去的几年里,特别是在北京决定在吉布提建立第一个外国海军基地之后,中国一直在该地区展示自己的存在感。研究表明,特定区域在经济、安全和政治维度上具有重要意义。话虽如此,在本研究中,中国的国家利益进一步分为地缘经济、地缘安全和地缘政治三个维度。通过国家利益、海上安全和外交政策的理论框架,本研究将解释是什么让这个更广阔的红海舞台变得重要,以及它与中国在该地区不断扩大的国家利益之间的关系。本文的结论是,基于上述地区的重要性以及中国不断扩大的全球利益,中国在更广阔的红海舞台上的全球存在是合理的,这些利益已经超出了北京的国家领土本身。从这个意义上说,海上安全也成为识别中国在该地区行为的一个重要方面。中国为保护和确保自身利益而采取的几项外交政策举措,证实了这一结论。
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引用次数: 0
Niall Ferguson, The Square and the Tower: Networks and Power, From the Freemasons to Facebook, Penguin Books Limited, Delhi, 2017 , pp 608. 尼尔·弗格森:《广场与塔:网络与权力》,从共济会到Facebook,企鹅图书有限公司,德里,2017年,第608页。
Pub Date : 2020-12-01 DOI: 10.54945/jjia.v2i4.75
Ankita Malhotra
In the early 1930s, a Jewish man gleefully staring at Der Stürmer, a Nazi propaganda rag baffled his friends. His friends inquired: “Why are you enjoying it so much?” He answers, “if you read Jewish papers, the news is terrible. But, according to this, the news is all good. We control the banks, we control the country and we run the whole world!” Such has been the fate of the Jewish community and especially of the Rothschild Family. A fate which has been marred with hate and envy, which perpetuated itself as a point of discourse and corny theory. Deciphering and de-bunking these theories, Niall Ferguson, through his writings allows readers an alternative and academic perspective. One can string a common thread in the masterful writing of Nial Ferguson as he covers expansive ground citing examples to evidence that networks have existed ever since humanity has. From the structure of the brain to the food chain, from the family tree to freemasonry
20世纪30年代初,一名犹太男子兴高采烈地盯着纳粹宣传报纸《德国日报》(Der st rmer),让他的朋友们感到困惑。他的朋友问他:“你为什么这么喜欢呢?”他回答说,“如果你读犹太人的报纸,你会发现新闻很可怕。但是,根据这个,一切都是好消息。我们控制银行,我们控制国家,我们控制整个世界!”这就是犹太社区,尤其是罗斯柴尔德家族的命运。一种被仇恨和嫉妒所玷污的命运,它作为话语和陈腐理论的一个点而永存。尼尔·弗格森通过他的著作,解读和拆解这些理论,为读者提供了一种另类的学术视角。我们可以在尼尔·弗格森(Nial Ferguson)精湛的写作中找到一条共同点,他涵盖了广阔的领域,引用了一些例子来证明,自人类诞生以来,网络就存在了。从大脑结构到食物链,从家谱到共济会
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引用次数: 0
Bilingual Policy of Singapore and Policy Implications for Vietnam in the Context of National Integration 民族融合背景下新加坡的双语政策及对越南的政策启示
Pub Date : 2020-12-01 DOI: 10.54945/jjia.v2i4.68
Nguyen Thi Hai Anh, N. Hanh
Language and language policy is one of the basic issues and an important foundation for social development. Language policy is related to a series of issues such as ethnicity, religion, culture, media, education, national security, etc. and becomes a strategic content for each country, especially for nation building and development by the government. The development of a language policy that is appropriate to the language situation will contribute to promoting the overall economic and social development, which is essential for maintaining stability and integration. The research topic of the article is the bilingual situation and policy of Singapore, thereby giving policy implications for Vietnam in the context of international integration.
语言和语言政策是社会发展的基本问题之一,是社会发展的重要基础。语言政策涉及民族、宗教、文化、媒体、教育、国家安全等一系列问题,是每个国家特别是政府建设和发展国家的战略内容。制定一项适合语言情况的语言政策将有助于促进整体经济和社会发展,这对维持稳定和一体化至关重要。本文的研究主题是新加坡的双语状况和政策,从而为越南在国际一体化的背景下提供政策启示。
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引用次数: 0
China 中国
Pub Date : 2020-12-01 DOI: 10.54945/jjia.v2i4.51
S. Salem
In recent years, China has been steadily expanding its non-military footprint in the Pacific region in an unprecedented manner. The multi-dimensional expansion of Chinese presence in the Pacific has arguably, made the region a microcosm of power politics amongst regional and established powers. Part of the explanation for the Chinese fastpace growth in the Blue Pacific is the presence of the Taiwanese who have been one of the biggest providers of aid for diplomatic recognition. The aid-dependent Pacific Island Countries (PICs) by being active creators of the Sino-Taiwan chequebook diplomacy have time and again switched their diplomatic allegiance in order to secure more foreign aid for their social development and economic growth. Despite such an “unreliable” behaviour, Beijing has widened and deepened its presence in the region by providing concessional loans with “no strings attached.” The latter element has been conveniently alluring to all the PICs so much so that they have borrowed more than 50 percent of their GDP from China. This has alarmed the traditional donors such as US, Japan and Australia which are revisiting their policies and re-engaging in the Pacific politics actively, all aimed at preventing the Island nations sinking in Chinese debt and consequently losing their strategic leverage to the People’s Republic of China (PRC). As for Taipei, it had managed to ally itself with six PICs in return for provision of foreign aid and foreign direct investments. However, in September 2019, two of its diplomatic allies ditched it in favour of Beijing. There has also been a paradigm shift in Beijing’s earlier policy vis-à-vis the PICs. In the past, PRC would not allocate aid to Taiwan’s (ROC) allies, however, after a shift in policy, ROC’s diplomatic allies currently get more aid from Beijing than from Taipei. The other worrying factor for the local population is a steady growth of the Chinese diaspora. Despite anti-Chinese riots in many countries, the new wave of Chinese immigrants do not seem deterred by the negative repercussion of their presence in the region. These Chinese new arrivals invest heavily in real estate in a bid to legitimise their presence in the island nations. This development has caused massive trepidation among regional powers, as they believe, would pave the way for Chinese military presence in the region under a legitimate claim to protect its overseas nationals.
近年来,中国正以前所未有的方式稳步扩大在太平洋地区的非军事足迹。可以说,中国在太平洋地区的多维扩张,使该地区成为地区和老牌大国之间强权政治的缩影。中国在“蓝太平洋”地区的快速增长,部分原因在于台湾人的存在,台湾人一直是寻求外交承认的最大援助国之一。依赖援助的太平洋岛国作为“中台支票外交”的积极创造者,为了获得更多的外援,以促进其社会发展和经济增长,一再改变其外交立场。尽管有这种“不可靠”的行为,北京通过提供“无附加条件”的优惠贷款,扩大并深化了其在该地区的存在。后一种因素对所有的私人投资银行都很有吸引力,以至于它们从中国借入了超过50%的GDP。这让美国、日本和澳大利亚等传统捐助国感到震惊,它们正在重新审视自己的政策,重新积极参与太平洋政治,所有这些都旨在防止岛国陷入中国债务,从而失去对中华人民共和国(PRC)的战略影响力。至于台北,它成功地与6个太平洋岛国结盟,以换取外国援助和外国直接投资。然而,在2019年9月,它的两个外交盟友抛弃了它,转而支持北京。中国政府此前对-à-vis私人股本公司的政策也发生了范式转变。过去,中华人民共和国不会向台湾(中华民国)的盟友提供援助,然而,在政策转变之后,中华民国的外交盟友目前从北京获得的援助多于从台北获得的援助。另一个令当地人担忧的因素是中国侨民的稳步增长。尽管许多国家发生了反华骚乱,但新一波中国移民似乎并没有被他们在该地区的负面影响所吓倒。这些中国新移民大举投资房地产,以使自己在这些岛国的存在合法化。这一事态发展在地区大国中引起了巨大的恐慌,因为他们相信,这将为中国在该地区的军事存在铺平道路,以保护其海外公民的合法主张。
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引用次数: 0
Strengthening Corporate Governance of Vietnamese SOEs 加强越南国有企业的公司治理
Pub Date : 2020-12-01 DOI: 10.54945/jjia.v2i4.69
Nam Sang-woo, Phan Thi Song Thuong
State-owned enterprises (SOEs), particularly large corporations and economic groups, play a core role in the Vietnamese economy. Thus, their corporate governance is likely to exert a substantial impact on the efficiency and competitiveness of the whole economy. In this paper, we review the past reform efforts and current state of corporate governance at Vietnamese SOEs and identify key challenges they face. In doing so, we make a reference to the OECD Guidelines on Corporate Governance of SOEs, and make a comparison with the evolution of corporate governance at Chinese and Korean SOEs. We note that Vietnamese SOEs have a long way to go for improving their corporate governance. Line ministries are advised to phase out their role of exercising state ownership rights by dominating the SOE boards of directors. Separate accounting is needed for sociopolitically motivated services provided by SOEs, which is a prerequisite for better evaluation of CEO performance and holding them more accountable. Recent push for better transparency and disclosure at SOEs should be kept on. And, high priority should be given to strengthening board independence and professionalism at both SOEs and equitized, exchange-listed enterprises.
国有企业,特别是大型企业和经济集团,在越南经济中发挥着核心作用。因此,它们的公司治理可能对整个经济的效率和竞争力产生重大影响。在本文中,我们回顾了越南国有企业过去的改革努力和公司治理现状,并确定了他们面临的主要挑战。在此过程中,我们参考了《经合组织国有企业公司治理指南》,并比较了中国和韩国国有企业公司治理的演变。我们注意到,越南国有企业在改善公司治理方面还有很长的路要走。建议各部门通过控制国有企业董事会,逐步取消行使国有所有权的角色。国有企业提供的具有社会政治动机的服务需要单独核算,这是更好地评估首席执行官绩效并让他们更负责任的先决条件。最近要求国企提高透明度和信息披露的努力应该继续下去。此外,无论是国有企业还是上市企业,都应高度重视加强董事会的独立性和专业性。
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引用次数: 0
期刊
Jindal Journal of International Affairs
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