Vietnamese private international law on marriage and family relations: a feminist legal perspective

Abstract

It is usually believed that Private international law (PIL) is a neutral field of law in which gender factors are not expressed. However, is this belief really right? The article evaluates the impact of PIL regulations on the rights of women in marriage and family relationships, especially Vietnamese women, based on three features, including conflict of laws, conflict of jurisdiction, and recognition and enforcement of foreign judgments through the perspective of Feminist legal theory. With the methodology of analysis, comparison and systhesis, the research has shown that the provisions of Vietnamese PIL have highly guaranteed the rights of women in marriage and family relations with foreign elements; however, there are still some shortcomings that need to be improved, such as legal issues surrounding recognition of marriage, non-recognition of same-sex marriage or confusion on the procedure for recognition of foreign judgments, etc. Accordingly, we can see positive and negative aspects of Vietnamese PIL in ensuring human rights and citizens’ rights in general, women’s rights in particular, which is recognised as one of the goals that must be achieved in the Vietnamese development strategies.