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        <title>Vietnamese Journal of Legal Sciences Feed</title>
        <link>https://sciendo.com/journal/VJLS</link>
        <description>Sciendo RSS Feed for Vietnamese Journal of Legal Sciences</description>
        <lastBuildDate>Sun, 10 May 2026 13:13:13 GMT</lastBuildDate>
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            <title>Vietnamese Journal of Legal Sciences Feed</title>
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            <link>https://sciendo.com/journal/VJLS</link>
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        <copyright>All rights reserved 2026, Hochiminh City University of Law</copyright>
        <item>
            <title><![CDATA[Ecocide: From Global Historical Development to Vietnamese Context]]></title>
            <link>https://sciendo.com/article/10.2478/vjls-2025-0018</link>
            <guid>https://sciendo.com/article/10.2478/vjls-2025-0018</guid>
            <pubDate>Sun, 21 Dec 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[

Vietnam had incorporated the criminalization of ecocide into its domestic legislation before receiving international acknowledgment, emphasizing the importance of prosecuting serious environmental damage to enhance the efficacy of the criminal justice system. However, after this initial initiative, ecocide gradually receded from prominence within Vietnam’s legal framework. In the contemporary context, it is crucial to realign the focus on this matter. This article explores the rationales advocating for the acknowledgment of ecocide as a global criminal offense under the Rome Statute, in conjunction with Vietnam’s historical encounter with ecocide and its treatment as a criminal violation in domestic law over the preceding four decades.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Developing Vietnam’s Carbon Market: Comparative Analysis of Korean Emission Trading System and Indonesia’s Compliance Framework]]></title>
            <link>https://sciendo.com/article/10.2478/vjls-2025-0019</link>
            <guid>https://sciendo.com/article/10.2478/vjls-2025-0019</guid>
            <pubDate>Sun, 21 Dec 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[

The Korean Emission Trading System (K-ETS), implemented since 2015, is Asia’s first nationwide emission trading system featuring a sophisticated cap-and-trade mechanism, gradual transition from free allocation to auctioning, and effective market stabilization measures. This study compares K-ETS with Indonesia’s flexible cap-tax-and-trade model, which includes dual mechanisms (emissions trading and offsets) but applies lower carbon prices and weaker enforcement. Drawing from these models, the study recommends Vietnam adopt K-ETS’s phased cap-and-trade design while incorporating Indonesia’s flexibility, as well as propose that Vietnam should establish a clear legal framework, classify carbon credits as securities, and ensure market stability to meet its 2050 carbon neutrality target.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[From Investment Protection to Investment Facilitation: A New Paradigm in the Pursuit of Sustainable Development]]></title>
            <link>https://sciendo.com/article/10.2478/vjls-2025-0014</link>
            <guid>https://sciendo.com/article/10.2478/vjls-2025-0014</guid>
            <pubDate>Sun, 21 Dec 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[

Over the past decade, international investment agreements (IIAs) have undergone significant reforms, addressing longstanding concerns within the investment treaty regime and marking a shift from traditional protectionist models to frameworks emphasizing investment promotion and facilitation. This evolution seeks to mitigate regulatory chill, attract and retain investment, and enable governments to implement policies that support sustainable development. Nonetheless, doubts remain as to their effectiveness in achieving concrete sustainable development outcomes. International investment law is also witnessing a rise in standalone Investment Facilitation Agreements (IFAs), such as the World Trade Organization’s Investment Facilitation for Development Agreement and the European Union–Angola Sustainable Investment Facilitation Agreement (EU-Angola SIFA). Unlike traditional IIAs, IFAs aim at improving host States’ investment climate by prioritizing transparency, streamlining procedures, stakeholders dialogue, and inter-State cooperation. The EU–Angola SIFA sets a precedent for this new approach, expressly focused on sustainability and serves as a model for future EU cooperation frameworks. By examining this approach, this paper seeks to contribute to discussions on the evolution of international investment law in ways that better align with sustainable development objectives.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[From “Best Interests” to “Will and Preferences”: Reforming New Zealand’s Adult Decision-Making Capacity Law]]></title>
            <link>https://sciendo.com/article/10.2478/vjls-2025-0020</link>
            <guid>https://sciendo.com/article/10.2478/vjls-2025-0020</guid>
            <pubDate>Sun, 21 Dec 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[

This paper analyses the New Zealand Law Commission’s proposals to repeal the Protection of Personal and Property Rights Act 1988 and establish a new legal framework for adult decision-making. The reforms align domestic law with the Convention on the Rights of Persons with Disabilities (CRPD) by replacing the capacity-based “best interests” model with a rights-based, will-and-preferences paradigm that prioritizes supported decision-making and respects individual autonomy. The paper situates the proposals within a comparative framework, drawing on Ireland’s Assisted Decision-Making (Capacity) Act 2015 and Victoria’s Guardianship and Administration Act 2019, and identifies critical implementation challenges, including public education, independent oversight mechanisms, culturally responsive court processes, and the incorporation of tikanga Māori. The analysis concludes that the proposed reforms represent a fundamental shift in the legal and social understanding of autonomy, with broader implications for Asian countries currently re-examining adult guardianship and decision-making systems under the influence of the CRPD, and it highlights the potential for integrating culturally specific practices into rights-based frameworks.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Harmonization of Trademark Law in ASEAN: Challenges and Progress]]></title>
            <link>https://sciendo.com/article/10.2478/vjls-2025-0016</link>
            <guid>https://sciendo.com/article/10.2478/vjls-2025-0016</guid>
            <pubDate>Sun, 21 Dec 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[

Legal harmonization is essential as the need to exchange goods, trade, and services between and among countries becomes more liberized. Aiming towards a common legal framework with shared characteristics to minimize disparities in regional legal fields, the Association of Southeast Asian Nations (ASEAN) is determined to build a legal structure capable of regulating key issues affecting that common goal. Cooperation related to intellectual property (IP) issues has seen steady growth, influencing the development of each nation’s IP systems and the region’s overall socioeconomic progress. In the field of trademarks, businesses have faced difficulties with procedures and related policies due to the differences in trademark regulations between countries, particularly in the protection of non-traditional trademarks, since the protection regimes of different countries vary. Therefore, research on the issue and the suggestion of viable solutions are necessary. Based on ASEAN’s common spirit of eliminating differences in national laws, this article aims to identify challenges and propose recommendations for harmonizing trademark law in ASEAN.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[With Brussels, or Not? The Extent of Influence of European Union-Style Trade and Sustainable Development Provisions for ASEAN and its Member States]]></title>
            <link>https://sciendo.com/article/10.2478/vjls-2025-0015</link>
            <guid>https://sciendo.com/article/10.2478/vjls-2025-0015</guid>
            <pubDate>Sun, 21 Dec 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[

The linkage between international trade regulation and sustainable development is increasingly evident in contemporary regional trade agreements (RTAs). The European Union (EU) has been at the forefront, advocating for the inclusion of trade and sustainable development (TSD) provisions in its regional trade agreements (RTAs) with trading partners, especially with two key Southeast Asian partners, which are Vietnam and Singapore. In contrast, ASEAN’s regional economic integration shows a noticeable absence of TSD concerns. This discrepancy points to differing levels of commitment to TSD provisions in RTAs. For AMSs (AMSs), adopting EU-style TSD provisions could either be welcomed or resisted, making it essential to understand the extent of the EU’s influence. Drawing from Brunnée &amp; Toope’s ‘interactional international law’ perspective, the article examines the EU’s engagement and its influence on AMSs’ understanding of TSD. This article concludes that even if the EU views sustainability as a value to be promoted internationally, this does not necessarily mean that AMSs negotiating TSD provisions will adopt the EU’s approach verbatim. The agency of AMSs in resisting or adapting EU influence should not be overlooked. It is also important to note that some AMSs may incorporate sustainability considerations into their domestic policies, even in the absence of a cohesive ASEAN-level narrative or direct engagement with the EU on trade and sustainability.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Towards a Data-Driven Future - Fostering the Flow of Personal Data between ASEAN Countries and the European Union]]></title>
            <link>https://sciendo.com/article/10.2478/vjls-2025-0017</link>
            <guid>https://sciendo.com/article/10.2478/vjls-2025-0017</guid>
            <pubDate>Sun, 21 Dec 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[

In the period of opening a new chapter of Association of Southeast Asian Nations (ASEAN) and the European Union (EU) relations, the issue of digital transition and economic cooperation is mentioned as a special concern. Transferring the cross-border flow of personal data is the key to growing the digital economy. However, differences in personal data protection regulations between the ASEAN and the EU pose challenges to the cooperation and economic development of the two blocs. This article undertakes a comparative legal analysis of existing personal data protection regulations in the EU and selected ASEAN countries: Singapore, Indonesia, and Vietnam, highlighting their respective approaches to cross-border data transfers. The article identifies aspects of normative uncertainty and legal fragmentation that may hinder data mobility and digital cooperation between the two blocs. Based on this comparative overview, the article outlines preliminary considerations for improving regulatory alignment in a manner that facilitates secure and lawful data flows while respecting regional legal diversity.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Unlocking Asean’s Climate Potential: Strategies for Enhancing “Nationally Determined Contributions” Coherence and Regional Cooperation]]></title>
            <link>https://sciendo.com/article/10.2478/vjls-2025-0012</link>
            <guid>https://sciendo.com/article/10.2478/vjls-2025-0012</guid>
            <pubDate>Fri, 29 Aug 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[

ASEAN Member States have taken divergent approaches to their Nationally Determined Contributions (NDCs), with limited regional coordination and persistent gaps in ambition, transparency, and implementation. While sovereignty concerns often limit integration, this article argues that ASEAN’s flexible governance model can accommodate practical, non-binding mechanisms to strengthen climate coherence. Drawing from a comparative content analysis of six ASEAN NDCs, expert interviews, and a regional survey, the study identifies key deficits in alignment, monitoring, and sectoral strategies. It proposes a regional toolkit of voluntary instruments, including a common indicator dashboard, an ASEAN NDC stocktake, peer-learning platforms, and joint finance windows, to accelerate convergence without compromising national autonomy. These recommendations position ASEAN to respond collectively to the Paris Agreement’s Global Stocktake and align with national development priorities.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[The Prohibition of Extraterritorial Taxation under Treaty Law and its Relation to Anti-Treaty Shopping Rules]]></title>
            <link>https://sciendo.com/article/10.2478/vjls-2025-0013</link>
            <guid>https://sciendo.com/article/10.2478/vjls-2025-0013</guid>
            <pubDate>Fri, 29 Aug 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[

This study has two objectives. First, the content and scope of the prohibition of extraterritorial taxation under Article 10 paragraph 5 of the 2017 Organisation for Economic Co-operation and Development Model Tax Convention (OECD MTC) are examined. It deals with dual resident corporations as distributing companies. The prohibition of extraterritorial taxation of dividends is included in all double taxation conventions (DTC). However, the exact conditions of application and the interpretation of the prohibition of extraterritorial taxation are disputed in research and literature and the regulation has only been examined cursorily to date. Second, the prohibition of extraterritorial taxation under treaty law is brought into the context of bilateral and unilateral anti-treaty shopping regulations for the first time. Here, it can be shown that, due to their specific structure, anti-treaty shopping rules generally do not apply to dividend payments from dual resident companies that fall under the prohibition of extraterritorial taxation under treaty law, according to Article 10 paragraph 5 of the 2017 OECD MTC. This leads to the tax planning conclusion that dual resident companies can generally be used to optimize withholding taxes on dividends. This is an important finding, as the strategy of interposing holding companies to avoid or reduce withholding tax on dividends has now become largely ineffective due to the introduction of the Principal Purpose Test (PPT) in double tax conventions (Article 29 paragraph 9 of the 2017 OECD MTC) and unilateral anti-treaty shopping rules. From a tax policy perspective, this article examines options for limiting withholding tax avoidance by dual resident companies.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Baselines in the Gulf of Tonkin and the 1982 United Nations Convention on the Law of the Sea]]></title>
            <link>https://sciendo.com/article/10.2478/vjls-2025-0008</link>
            <guid>https://sciendo.com/article/10.2478/vjls-2025-0008</guid>
            <pubDate>Fri, 29 Aug 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[

The Gulf of Tonkin is a shared bay between Vietnam and China, which was delimited by the Agreement between the People’s Republic of China and the Socialist Republic of Viet Nam on the delimitation of the territorial seas, exclusive economic zones and continental shelves of the two countries in Beibu Gulf (the Chinese name of the Tonkin Gulf)/Bac Bo Gulf on 25 December 2000. The determination of internal waters, territorial seas, and related maritime zones depends on the declaration of baselines in the Gulf of Tonkin. After more than 20 years, China (March 2024) and Vietnam (February 2025) have issued significant unilateral declarations regarding baselines. These developments raise concerns about the impact of such declarations on the 2000 Delimitation Agreement, Vietnam-China relations, and the consistency of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This article will analyze three main aspects: (i) the baselines of China and Vietnam in the Gulf of Tonkin, (ii) the establishment of baselines in light of UNCLOS, (iii) the impact of the new baseline systems on the 2000 Delimitation Agreement and Vietnam-China cooperation.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Quebec’s Cap-and-Trade System for Greenhouse Gas Emission Allowances: Insights for Vietnam’s Upcoming Carbon Market Initiative]]></title>
            <link>https://sciendo.com/article/10.2478/vjls-2025-0011</link>
            <guid>https://sciendo.com/article/10.2478/vjls-2025-0011</guid>
            <pubDate>Fri, 29 Aug 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[

Quebec inaugurated its Cap-and-Trade System for greenhouse gas emission allowances in 2013, and in 2014 linked with California’s program to create the largest North American carbon market and the first cross-border subnational trading system. Despite over a decade of trading and nearly ten years since the Paris Agreement, global warming remains off track. Emerging economies are acting, notably Vietnam, which is establishing a carbon market to support sustainable development and achieve Net Zero by 2050. The present article thus retraces the evolution of Quebec’s Cap-and-Trade system from its beginnings until today, highlighting some of its successes, challenges, before underlining some key insights for Viet Nam. This is done with the goal to provide Vietnamese officials and experts with valuable tools and insights at an important moment in the development of Viet Nam’s carbon market initiative.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Opportunities and Challenges for Vietnam’s Agricultural Products Exports under tEuropean Union-Vietnam Free Trade Agreement]]></title>
            <link>https://sciendo.com/article/10.2478/vjls-2025-0010</link>
            <guid>https://sciendo.com/article/10.2478/vjls-2025-0010</guid>
            <pubDate>Fri, 29 Aug 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[

In 2020, the Association of Southeast Asian Nations (ASEAN) and the European Union (EU) announced their intention to “open a new chapter” in their relations by becoming “strategic partners”. This partnership is based on the shared values of respect for the rules of international order, multilateralism, and free and fair trade. Thus, the EU has strengthened its ties with ASEAN and signed so-called “new generation” agreements with several ASEAN countries. For Vietnam, with the EU-Vietnam Free Trade Agreement (EVFTA) officially coming into effect on 1 August 2020, more opportunities have opened for Vietnamese agricultural products to be exported to the EU market. In this article, the authors analyze the impacts and solutions to Vietnam’s exported agricultural products arising from: (i) commitments on trade in goods; (ii) commitments on rules of origin; and (iii) commitments on non-tariff barriers in the EVFTA.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Preserving State Regulatory Autonomy through General Exception Clauses in International Investment Agreements: Insights from Vietnam]]></title>
            <link>https://sciendo.com/article/10.2478/vjls-2025-0009</link>
            <guid>https://sciendo.com/article/10.2478/vjls-2025-0009</guid>
            <pubDate>Fri, 29 Aug 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[

International investment law has long been criticized for favoring investor protections over States’ regulatory autonomy. This imbalance may create a “chilling effect”, where governments hesitate to enact public interest regulations due to their fear of facing claims from foreign investors. To address this, States are increasingly incorporating general exception clauses in international investment agreements (IIAs) to safeguard their regulatory autonomy. However, the effectiveness of these clauses remains contentious, with concerns over narrow interpretations by arbitral tribunals and limited case law on their application. This article examines the use of general exception clauses in treaty practices and their interpretation in recent investor-State disputes. It further evaluates the relevance of these clauses for Vietnam, offering recommendations for drafting effective clauses to protect the regulatory sovereignty of host States.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Competence to Rule on Arbitral Jurisdiction: Various Approaches]]></title>
            <link>https://sciendo.com/article/10.2478/vjls-2025-0002</link>
            <guid>https://sciendo.com/article/10.2478/vjls-2025-0002</guid>
            <pubDate>Thu, 15 May 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[

This article investigates, in different jurisdictions, who, the court or the arbitral tribunal, has the competence and to what extent to decide whether the tribunal has jurisdiction over a case involving an arbitration agreement if one of the disputing parties initiates court proceedings before or concurrently with arbitral proceedings (the pre-award stages). Taking the concept of competence-competence, the article finds three possible approaches and potential patterns among examined jurisdictions to regulate the level of deference between the court and the tribunal at each pre-stage. First, the tribunal has concurrent competence with the court – the United Nations Commission on International Trade Law Model Law approach. Second, the tribunal is the first, or presumed to be the first, judge to decide arbitral jurisdiction, which can be found in France. The final approach, represented by that of the United Kingdom and Vietnam, is the hybrid one in which the tribunal may in certain cases be, or may not be, the first judge depending on individual pre-award stages and the nature of the challenge submitted. The article also comments on three approaches and suggests policy considerations for Vietnam.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[The Lawyer’s Duty of Confidentiality In Vietnam - A Study Of Comparative Law In The Asia Pacific Countries]]></title>
            <link>https://sciendo.com/article/10.2478/vjls-2025-0006</link>
            <guid>https://sciendo.com/article/10.2478/vjls-2025-0006</guid>
            <pubDate>Thu, 15 May 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[

Around the world and in Vietnam, lawyers have to comply with codes of ethics and professional conduct. This article examines the rules and regulations on the Vietnamese lawyer’s duty of confidentiality as stipulated in the 2019 Lawyers’ Code of Ethics and Conduct and the 2006 Law on Lawyers. Although this obligation has been one of the important ethical and legal obligations that create the foundation of the client-lawyer relationship, the lack of clarity and implementation guides has created many shortcomings. The authors applied legal analysis to highlight the unclear scope, scale, and requirements of such duty in the current legal and ethical regulations. By comparing the Vietnamese approach with those of South Korea, Japan, Singapore, Australia, Germany, and the United States, the authors highlight best practices and offer recommendations on how to resolve and improve the rules and regulations on lawyers’ duty of confidentiality. Exploring other countries’ approach towards attorney-client privilege, the paper suggests that the conflict between the confidentiality obligations and the current civil procedural laws in Vietnam should be resolved.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Public Health Policies and Pharmaceutical Sovereignty Through The Prism of Investment Agreements in the Asia-Pacific Region]]></title>
            <link>https://sciendo.com/article/10.2478/vjls-2025-0001</link>
            <guid>https://sciendo.com/article/10.2478/vjls-2025-0001</guid>
            <pubDate>Thu, 15 May 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[

In many countrieş the Covid-19 crisis was accompanied by shortages of medical equipment (masks, gowns, respirators, …) and medicineş before the issue of access to newly developed vaccines came to the fore. Pharmaceutical sovereignty became a growing concern. In many developed countries where a pharmaceutical industry had been built up over the last few centuries, the Covid-19 pandemic and the resulting shortage of medical equipment and medicines led to the discovery that this industry had relocated and was now only keeping part of its production lines in these countries. To remedy the shortages observed during the Covid-19 pandemic, the main response, particularly in Europe and France, is to propose a proactive policy based on relocating pharmaceutical production in order to restore pharmaceutical sovereignty. This new policy raises the question of its legal compatibility with the international commitments made by most of the world’s states in investment agreements. The globalization of the economy and the relocation of industries, not just pharmaceuticals, have been supported by a network of international investment treaties. The goal of the present study is to consider firstly whether investment treaties authorize or regulate public health policies that may be adopted or modified by the States parties to these treaties, and in a second time whether measures designed to encourage the relocation of pharmaceutical production are compatible with the treaty obligations entered into by States in these investment protection treaties.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[The Agreement on Climate Change, Trade, and Sustainability – A New Step in Establishing A WTO Legal Framework for Environmental Trade?]]></title>
            <link>https://sciendo.com/article/10.2478/vjls-2025-0004</link>
            <guid>https://sciendo.com/article/10.2478/vjls-2025-0004</guid>
            <pubDate>Thu, 15 May 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[

The Agreement on Climate Change, Trade, and Sustainability (ACCTS), signed in November 2024 by Costa Rica, Iceland, New Zealand, and Switzerland, offers an innovative solution to the longstanding challenge of aligning trade and environmental policies within the World Trade Organization (WTO). As an open plurilateral agreement, ACCTS provides a flexible framework for like-minded nations to pursue ambitious environmental trade initiatives, addressing key issues such as the liberalization of environmental goods and services, fossil fuel subsidy reform, and eco-labeling. While its effectiveness and future within the WTO remain subjects of observation, the ACCTS exemplifies how small groups of WTO members can take the initiative in creating a dynamic and adaptable agreement that could pave the way for broader multilateral cooperation in addressing climate change through trade.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[From Sovereignty to Surveillance: The Legal Landscape of “Digital Colonialism” in India and Pakistan]]></title>
            <link>https://sciendo.com/article/10.2478/vjls-2025-0005</link>
            <guid>https://sciendo.com/article/10.2478/vjls-2025-0005</guid>
            <pubDate>Thu, 15 May 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[

This article examines how the practice of “digital colonialism” raises questions over conventional sovereignty and human rights in surveillance systems. The topic focuses on sovereignty on the internet level, with history and the impact of a new kind of sovereignty on national power. Based on case analysis, the article explores Indian legal measures of the 2000 Information Technology Act, the 2023 Digital Personal Data Protection Act and the 2016 Pakistan’s Prevention of Electronic Crimes Act and the 2023 Personal Data Protection Bill. Such analyses show the connection between legal procedures and surveillance, with the emphasis on the effects on freedom. In comparison with the EU’s General Data Protection Regulation (GDPR) and Vietnam’s cybersecurity law, notable differences emerge in how each framework balances national security concerns with fundamental rights to data privacy. Furthermore, the position of international law in determining digital sovereignty and human rights is evaluated. Lastly, the article explores digital dependency and the need to translate international norms into strong national laws that ensure data protection applies to foreign tech firms, shaping legal reforms and research priorities.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[The Legal Value of the United Nations General Assembly’s Resolutions in the Interpretation of Treaty and Customary International Law]]></title>
            <link>https://sciendo.com/article/10.2478/vjls-2025-0003</link>
            <guid>https://sciendo.com/article/10.2478/vjls-2025-0003</guid>
            <pubDate>Thu, 15 May 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[

Resolutions passed by the United Nations General Assembly (UNGA) carry considerable legal weight, making significant contributions to the development of international law. For example, the International Court of Justice sometimes refers to them to establish customary international rules. Additionally, the Court has used UNGA resolutions to reinforce its legal interpretations. This raises an interesting question about the legal significance of UNGA resolutions in interpreting both norms in treaty and customary international law. Since the powers of the General Assembly are confined to matters within the scope of the present Charter, it prompts the question of whether UNGA resolutions can be applied to interpret norms in treaties beyond the Charter. To address these inquiries, the article seeks to explore the implications of these resolutions in interpreting norms reflected in treaties and under customary international law.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[The Crime Control Model of Vietnam’s Criminal Justice System: the Vital Role of Prosecutors and the Need for Plea Bargaining]]></title>
            <link>https://sciendo.com/article/10.2478/vjls-2025-0007</link>
            <guid>https://sciendo.com/article/10.2478/vjls-2025-0007</guid>
            <pubDate>Thu, 15 May 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[

Vietnam’s criminal justice system predominantly follows the crime control model, emphasizing efficiency in detecting, prosecuting, and adjudicating crimes to maintain societal order. Prosecutors are central in overseeing investigations and ensuring rapid case processing, with the pre-trial stage often prioritised in trial proceedings. However, rising crime rates and limited prosecutorial resources have highlighted the need for reforms, such as the introduction of plea bargaining. Plea bargaining could enhance efficiency by allowing prosecutors to handle more cases and reducing criminal process uncertainty. While this aligns with the goals of the crime control model, it also raises concerns about safeguarding defendants’ rights. To address these concerns, it is proposed that judges play a more active role in plea negotiations, ensuring fairness and voluntariness. This paper argues that plea bargaining, with proper safeguards, could help maintain the balance between efficiency and justice in Vietnam’s criminal justice system.
]]></description>
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