The Limits of Vietnam's Incrementalism towards the Abolition of Capital Punishment for Drug Offenses
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Published:2022-09-16
Issue:2
Volume:17
Page:222-241
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ISSN:2194-6078
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Container-title:Asian Journal of Comparative Law
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language:en
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Short-container-title:Asian J. Comp. Law
Author:
Nguyen Tien Duc,Tran Thu Thuy Thi
Abstract
AbstractInternational law has ruled out the application of the death penalty on drug offenses. Despite failure to meet the threshold to be categorised as one of the ‘most serious crimes’, the practice of capital punishment for drug offences in many parts of the world continues to dismay human rights activists and practitioners. This article aims to exhibit a dynamic view on drug offences under Vietnamese law. It contends that the nation's understanding of the severity of drug offences has witnessed incremental changes corresponding with international standards, although not completely compatible. Drawing on comparative scholarship, the article then moves on to ask whether there is any room left for the total abolition of capital punishment for drug offences. It suggests that Vietnam's incrementalism towards abolition has reached its bounds. Renovation in the understanding on the severity of drug crimes is very much needed to re-fuel the abolitionist movement in the country.
Publisher
Cambridge University Press (CUP)
Reference17 articles.
1. Why Vietnam Continues to Impose the Death Penalty for Drug Offenses: A Narrative Commentary;Luong;International Journal of Drug Policy no 103043,2021
2. Seeking to Persuade: A Constructive Approach to Human Rights Treaty Interpretation;Tobin;Harvard Human Rights Journal,2010