Tác giả: Trần Đình Hoành

I am an attorney in the Washington DC area, with a Doctor of Law in the US, attended the master program at the National School of Administration of Việt Nam, and graduated from Sài Gòn University Law School. I aso studied philosophy at the School of Letters in Sài Gòn. . I have worked as an anti-trust attorney for Federal Trade Commission and a litigator for a fortune-100 telecom company in Washington DC. I have taught law courses for legal professionals in Việt Nam and still counsel VN government agencies on legal matters. I have founded and managed businesses for me and my family, both law and non-law. I have published many articles on national newspapers and radio stations in Việt Nam. In 1989 I was one of the founding members of US-VN Trade Council, working to re-establish US-VN relationship. Since the early 90's, I have established and managed VNFORUM and VNBIZ forum on VN-related matters; these forums are the subject of a PhD thesis by Dr. Caroline Valverde at UC-Berkeley and her book Transnationalizing Viet Nam. I translate poetry and my translation of "A Request at Đồng Lộc Cemetery" is now engraved on a stone memorial at Đồng Lộc National Shrine in VN. I study and teach the Bible and Buddhism. In 2009 I founded and still manage dotchuoinon.com on positive thinking and two other blogs on Buddhism. In 2015 a group of friends and I founded website CVD - Conversations on Vietnam Development (cvdvn.net). I study the art of leadership with many friends who are religious, business and government leaders from many countries. I have written these books, published by Phu Nu Publishing House in Hanoi: "Positive Thinking to Change Your Life", in Vietnamese (TƯ DUY TÍCH CỰC Thay Đổi Cuộc Sống) (Oct. 2011) "10 Core Values for Success" (10 Giá trị cốt lõi của thành công) (Dec. 2013) "Live a Life Worth Living" (Sống Một Cuộc Đời Đáng Sống) (Oct. 2023) I practice Jiu Jitsu and Tai Chi for health, and play guitar as a hobby, usually accompanying my wife Trần Lê Túy Phượng, aka singer Linh Phượng.

A translation problem – Americans use Fahrenheit, but many climate reports exclusively use Celsius.

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March 21, 2023
By German Lopez, The Morning, New York Times
A thermometer reading in Death Valley National Park.Roger Kisby for The New York Times
Clear communication
The world’s top scientists released their latest report yesterday warning that the Earth is on pace for severe damage from climate change. But many Americans might have a hard time understanding the report because the analysis, like those before it, talks about temperatures exclusively in Celsius.
The U.S. is among just a few countries that still use Fahrenheit temperatures. And while Americans are a relatively small audience on a global scale, they are an important one for climate science: The U.S. has historically emitted more planet-warming greenhouse gases than any other country. Improving Americans’ understanding of the issue could be crucial to any push for changes.
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2023 World Happiness Report

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World Happiness Report 2023

It has been over ten years since the first World Happiness Report was published. And it is exactly ten years since the United Nations General Assembly adopted Resolution 66/281, proclaiming 20 March to be observed annually as International Day of Happiness. Since then, more and more people have come to believe that our success as countries should be judged by the happiness of our people. There is also a growing consensus about how happiness should be measured. This consensus means that national happiness can now become an operational objective for governments.

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W

2022 Country Reports on Human Rights Practices

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US BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR

 MARCH 20, 2023

The annual Country Reports on Human Rights Practices – the Human Rights Report – cover internationally recognized individual, civil, political, and worker rights, as set forth in the Universal Declaration of Human Rights and other international agreements. The U.S. Department of State submits reports on all countries receiving assistance and all United Nations member states to the U.S. Congress in accordance with the Foreign Assistance Act of 1961 and the Trade Act of 1974.

TRANSLATIONS

Preface

For nearly 50 years, the Country Reports on Human Rights Practices have served as a vital resource for governments, researchers, advocacy groups, journalists, and voices of conscience worldwide that work to promote respect for human rights and accountability for injustice.  The individual reports cover 198 countries and territories, providing factual, objective information based on credible reports of the events that occurred throughout 2022.  These reports are meticulously compiled by U.S. Department of State employees in Washington, D.C., and at our overseas missions throughout the world, who collectively spend thousands of hours preparing the reports using credible information from U.S. embassies and consulates abroad, foreign government officials, nongovernmental and international organizations, jurists and legal experts, journalists, academics, human rights defenders, labor activists, and published reports.  We take seriously our responsibility to ensure their accuracy.

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The Judges’ Book

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The Judges’ Book features excerpted scholarship from UC Hastings Faculty geared specifically towards judges, judicial business, and issues likely to come before American courts for resolution.

Volume 1 (2017)

PDF

Table of Contents

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Introduction
David Faigman

PDF

Foreword
Marsha S. Berzon

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Administrative Law: Historical Origins of America’s Administrative Exceptionalism
Reuel Schiller

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Administrative Law: The Importance of Regional Administration to Federalism
Dave Owen

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Bankruptcy: Activist Investors and Chapter 11
Jared A. Ellias

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Civil Procedure: Certifying an Opt-In Class under Rule 23
Scott Dodson

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Civil Procedure: How to Apply Diversity Jurisdiction in a Multiparty Case
Scott Dodson

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Civil Procedure: Class Action Fee and Cost Awards
Morris Ratner

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Criminal Law: Clarifying “Wrongfulness” in Insanity Cases
Kate E. Bloch and Jeffrey Gould

PDF

Evidence: Admissibility vs. Weight in Scientific Testimony
David Faigman

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Federal Law Enforcement: Law Enforcement as Political Question
Zachary S. Price

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Patent Law: Finding Space for State Authority to Regulate Patents
Robin Feldman

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Patent Law: How Big Pharma Delays Generic Entry
Robin Feldman

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Federal Tax Law: The Costs of Cliff Effects in the Internal Revenue Code
Manoj Viswanathan

PDF

Appendix: Notable Faculty Publications 2016

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How war crimes prosecutions work

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Zachary B. Wolf

Analysis by Zachary B. Wolf, CNN

Published 2:42 PM EDT, Fri March 17, 2023

After more than a year of international outrage at Russia’s invasion of Ukraine and shocking atrocities, there’s an arrest warrant out for Russian President Vladimir Putin.

The International Criminal Court on Friday announced charges against Putin and Russian official Maria Lvova-Belova relating to an alleged scheme to forcibly deport thousands of Ukrainian children to Russia.

Read CNN’s full report about the charges and the arrest warrant.

And read about the scheme involving Ukrainian children taken to Russia.

Russia rejected the allegations Friday, and a ministry of foreign affairs spokeswoman said the court has “no meaning” in Russia.

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The ICC issued arrest warrants on Friday for Putin and Russian official Maria Lvova-Belov

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Russia scoffs but Putin could stand trial for alleged war crimes, ICC chief prosecutor says

By Caitlin Hu, CNN

Updated 9:03 PM EDT, Fri March 17, 2023

Karim Khan ICC vpx

ICC chief prosecutor reacts to Putin arrest warrant

The International Criminal Court’s chief prosecutor believes Russian President Vladimir Putin could stand trial for alleged crimes committed during Russia’s war in Ukraine, he told CNN on Friday, despite Moscow’s arguments that it is not subject to the court’s decisions.

In an interview with CNN’s Clarissa Ward, Chief Prosecutor Karim Khan pointed to historic trials of Nazi war criminals, former Yugoslavian President Slobodan Milošević, and former Liberian leader Charles Taylor, among others.

“All of them were mighty, powerful individuals and yet they found themselves in courtrooms,” he said.

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European Parliament resolution of 16 March 2023 on Cambodia: the case of opposition leader Kem Sokha

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Download original copy >>

The European Parliament,

– having regard to its previous resolutions on Cambodia,
– having regard to Rules 144(5) and 132(4) of its Rules of Procedure,

A. whereas on 3 March 2023, following a trial deemed by UN experts to have ‘failed to meet the standard of either Cambodian or international human rights law’, Phnom Penh Municipal Court sentenced Kem Sokha to 27 years in jail, which he is temporarily allowed to serve under house arrest, and indefinitely suspended his political rights to vote and to stand for election; Tiếp tục đọc “European Parliament resolution of 16 March 2023 on Cambodia: the case of opposition leader Kem Sokha” →

Downing of US drone in Russian jet encounter prompts counter claims of violations in the sky – an international law expert explores the arguments

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Academic rigour, journalistic flair, The Conversation

A U.S. surveillance drone flies over the USS Coronado in the Pacific Ocean during an April 2021 drill. U.S. Navy/Chief Mass Communication Specialist Shannon Renfroe

Published: March 15, 2023 4.43pm GMT

Author

  1. Ashley S. Deeks Professor of Scholarly Research in Law, University of Virginia

Disclosure statement

I worked for the State Department from 1999-2010 and for the National Security Council from 2021-22.

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The details are disputed, but either way the result was the same: On March 14, 2023, a U.S. drone crashed into the Black Sea after an encounter with Russian aircraft.

According to the U.S. version of events, the unarmed MQ-9 surveillance drone was flying in international airspace when two Russian fighter jets dumped fuel on the drone before colliding with it in violation of international law.

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USRT: 2022 Notorious Markets for Counterfeiting and Piracy

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Vietnam has two online markets and two phyiscal markets entering the honor list of “2022 Notorious Markets for Counterfeiting and Piracy,” by the Office of the US Trade Representative.

Excerpt from the report:

ONLINE MARKETS

BESTBUYIPTV (page 24)

Nominated as bestbuyIPTV.store. Related sites include biptv.best. Utilizes reverse proxy services to mask the
location of its hosting servers.

An increasingly popular form of online piracy is IPTV services that provide pirated audiovisual content, including movies and television series, through subscription services. BestBuyIPTV offers illicit IPTV channels from broadcasters globally, and it is compatible with most platforms and operating systems. BestBuyIPTV reportedly offers over 10,000 unauthorized channels from 38 countries, and also provides reseller and re-streamer services, with over 900,000 users, 12,000 resellers, and 2,000 re-streamers globally. Several right holders have connected the site to Vietnam, but the site uses reverse proxy services to mask the location of its hosting servers.

SHOPEE (page 33)

Nominated as shopee.com. Also available as a mobile app. Headquartered in Singapore.

Shopee is an online and mobile e-commerce market based in Singapore with individual country-focused platforms primarily serving Southeast Asia, Europe, and Brazil. Right holders report overall high volumes of counterfeits across some of Shopee’s platforms, with complaints about cumbersome and duplicative processes among the individual country-focused platforms, differing requirements for takedown requests, and slow response times. Shopee’s Taiwan and Vietnam platforms appear to be positive examples of better engagement with right holders and improved anticounterfeiting efforts, but some right holders indicate counterfeits are also present on those country platforms. In 2022, Shopee launched a pilot program for its new brand protection portal and, with a newly hired global brand protection director, increased its engagement with right holders. Right holders urge Shopee to improve its procedures for vetting sellers, enhance deterrence against counterfeit goods through increased penalties, and cooperate with right holders in investigations of the supply chain for counterfeit goods purchased on the platform.

PHYSICAL MARKETS

Tan Thanh Market, Lang Son Province (page 51)

Tan Thanh Market, located in Lang Son province on the border with China, is a wellknown venue for the sale and distribution of Chinese-made counterfeit consumer goods,including clothing, toys, and electronics. Right holders note their appreciation for enforcement efforts by Vietnam, but also report that the widespread sale of counterfeits appears to have continued in this market.

Saigon Square Shopping Mall, Ho Chi Minh City (page 52)

Saigon Square Shopping Mall, located in Ho Chi Minh City, was nominated by right holders as a reported venue for the sale of a large volume and variety of counterfeit luxury products, including handbags, wallets, jewelry, and watches. Right holders again acknowledge the regular and repeated enforcement efforts by Vietnam, but note that the fine for violations is low and has little deterrent effect.

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What is the Aukus submarine deal and what does it mean? – the key facts

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The four-phase plan has made nuclear arms control experts nervous … here’s why

Ben Doherty and Daniel Hurst, Tue 14 Mar 2023 04.55 GMT The Guardian

Anthony Albanese, Joe Biden and Rishi Sunak announce the Aukus nuclear-powered submarine deal in San Diego. Photograph: Stefan Rousseau/AP

In a tripartite deal with the US and the UK, Australia has unveiled a plan to acquire a fleet of up to eight nuclear-powered submarines, forecast to cost up to $368bn between now and the mid-2050s. Australia will spend $9bn over the next four years.

From this year Australian military and civilian personnel will embed with US and UK navies, including within both countries’ submarine industrial bases. From 2027 the UK and the US plan to rotate their nuclear-powered submarines through HMAS Stirling near Perth as part of a push to step up training of Australians.

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Strategic Competition and Security Cooperation in the Indo-Pacific

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Introduction

There is a growing acceptance among countries in the Indo-Pacific region that strategic competition between the United States and China is changing perceptions about security and the adequacy of the existing security architecture. While some have characterized the competition between the two as a new Cold War, it is clear that what is happening in the region is far more complex than the competition that characterized the original Cold War between the United States and the Soviet Union. First, the economic integration that has taken place since the early 1990s makes it much more difficult to draw bright ideological lines between the two sides. Further, the Asian context of the emerging competition is one where the two competitors have grown to share power. As the dominant military power, the United States has been the primary security guarantor in Asia and beyond. China, on the other hand, has emerged over the past decades as the primary economic catalyst in Asia and beyond. Currently, each side seems increasingly unwilling to accept that arrangement.

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Full text of China’s Arab Policy Paper

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Updated: Jan 13,2016 9:18 PM     Xinhua

Download from China Gov’s website >>

China’s Arab Policy Paper

January 2016

Foreword

Friendship between China and Arab states dates back to ancient times. Over two thousand years ago, land and maritime Silk Roads already linked the Chinese and Arab nations. In the long stretches of history, peace and cooperation, openness and inclusiveness, learning from each other, mutual benefit and win-win results have always been the main theme of exchanges between China and Arab countries.

The founding of the People’s Republic of China and the independence of Arab countries created a new era for China-Arab friendly exchanges. From 1956 to 1990, China established diplomatic relations with all 22 Arab countries. China firmly supports Arab national liberation movement, firmly supports Arab countries’ struggle to uphold sovereignty and territorial integrity, pursue and safeguard national interests, and combat external interference and aggression, and firmly supports Arab countries’ cause of developing the national economy and building up the countries. Arab countries have given China strong support in restoring its lawful seat at the United Nations and on issues like the Taiwan question.

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What’s in a label?

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10/03/2023: Transparency International

This week, we at Transparency International faced an unexpected turn as the Russian Federation announced it would designate our organisation as “undesirable”. It claimed that we “interfere in the internal affairs of the Russian Federation, which poses a threat to the foundations of the constitutional order”

. Corruption is an issue that knows no borders. It is the essential mission of Transparency International to call attention to and fight against it everywhere. It is our specific mandate to combat transnational corruption, when deficiencies in one country enable abuses in others – to global detriment.

Daniel Eriksson, CEO of Transparency International Tiếp tục đọc “What’s in a label?” →

Why did China help Saudi Arabia and Iran resume diplomatic ties?

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Photo: Ministry of Foreign Affairs of the People's Republic of China

Critical Questions by Jon B. Alterman, CSIS

Published March 10, 2023

On Friday, March 10, Saudi Arabia and Iran announced their agreement to reestablish diplomatic relations based on talks held in Beijing. China has portrayed itself as the broker of the agreement, and China’s senior diplomat congratulated the two countries on their “wisdom.”

Q1: Why did the two countries reestablish relations now?

A1: The agreement seems to have been moved forward during President Ebrahim Raisi’s visit to Beijing last month. For months, Saudi Arabia has put pressure on Iran through its reported support for Iran International, a foreign-based Persian-language broadcaster critical of the regime that is received in Iran. Since President Raisi took office in August 2021, he announced it was a priority to reduce tensions with regional neighbors. Saudi Arabia and Iran have had a wide variety of differences throughout the region, often fought through proxies. They span from Lebanon to Syria to Iraq to Yemen. Iran has supplied weapons to Houthi forces in Yemen that have threatened Saudi populations both on the border and in interior areas. Saudi Arabia has been increasingly interested in finding a way to end the conflict in Yemen, and this agreement is likely to move that forward.

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CFR Daily News Brief March 9, 2023

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Image
Daily News BriefMarch 9, 2023
Top of the Agenda

The Netherlands Announces Chip Export Curbs After U.S. Urging

The Dutch government announced that it will impose export restrictions (FT) on “the most advanced” semiconductor technology, citing security concerns. While it did not name China in the announcement, the restrictions come after U.S. officials urged the Dutch and Japanese governments to limit chip exports to China over fears that the tech could be used to make weapons and commit human rights abuses. Washington announced its own curbs on chip exports in October.  

U.S.-China tensions over technology access came up as U.S. intelligence officials testified to Congress yesterday during an annual hearing on security threats. CIA Director William Burns called tech innovation (Reuters) “the main arena for competition” with China. Additionally, Director of National Intelligence Avril Haines said China will increasingly try to undercut U.S. influence (CNN), though it will likely try to prevent tensions from spiraling into conflict.
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