<abstract><title style='display:none'>Abstract</title>In international relation, estoppel is a principle whereby a state is not able to say or act against what it said or did before. The theory of estoppel was originated in the past from the English law system, which was later incorporated into international law. Its main purpose is to prevent a State from benefiting from its inconsistent attitudes, and thus, causing damage to another State. Therefore, estoppel must meet the main conditions. First, the expression of the said State leads to the assumption of the estoppel must be clear and non-ambiguous. Second, this expression must be expressed voluntarily, unconditionally and must be well authorized. Third, there must be a goodwill trust from another State into the expression of a State giving that expression, resulting in damage to the State with this trust or to the benefit of the expressive side. The paper examines the principle of estoppel in international law and the practice of applying this principle in cases tried at the International Court of Justice. On that basis, the paper discusses explaining the factors that constitute an estoppel situation for Vietnam in order to reject the China’s wrong interpretation of the 1958 Diplomatic Note of the late Prime Minister Pham Van Dong.</abstract>

The Application of <italic>Estoppel</italic> in International Law and Experiences for Vietnam

<abstract><title style='display:none'>Abstract</title>Environmental protection has gotten much attention and been prioritized in policy making for economic – social development of countries around the world, including Vietnam. The policies have been gradually institutionalized into law. Environmental Protection Law comes into existence in Vietnam as in other developing countries, which could be affirmed as the latest legal field. Before Environmental Protection Law was issued as an independent legal document by the National Assembly, other environmental regulations in Vietnam covered some aspects of environmental protection to meet management need without targeting the protection of environmental factors. Environment or environment-related regulations have been found in many separate legal documents. In order to meet the growing demand for integration, Vietnam needs to continue to reform environmental regulations. The paper analyzes the Vietnamese environmental regulations and practical implementation, thereby giving some suggestions.</abstract>

Assessing Vietnam’s Environmental Laws and Direction for Improvement

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<title style='display:none'>Abstract</title>
Juvenile justice is a designated area of criminal law that is applicable to persons who are not old enough to be held responsible for criminal acts. One of the most difficult areas of criminal justice has been to provide a clear legal framework dealing with the transition from childhood to adulthood. Countries distinguish between the definition of a ‘child’ and an ‘adult’ in different ways with diverse factors being taken into consideration. The Indian Parliament has introduced the Juvenile Justice (Care and Protection) Act, 2015 which has brought in some controversial changes, one of them being that the 16 to 18 years age group are now tried as adults in certain circumstances. This paper seeks to address the anomalies in the language of the provisions providing for such transfer of children to the adult system in India and the consequent lack of a consistent law on the differential treatment of juvenile offenders. This discussion would facilitate a critical analysis and positive change in the juvenile justice systems of other countries including Vietnam.
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The Juvenile Justice Law in India: Are you Old Enough to Commit a Crime?

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<title style='display:none'>Abstract</title>
Applying artificial intelligence (AI) is a modern and effective way to solve criminal case. However, this is a relatively new issue and has not been researched and applied thoroughly. Therefore, being fully aware of the nature of artificial intelligence, ensuring the basic principles, and using them in criminal justice will create the basis for the effects applied by law enforcement in practice. This article presents an overview of artificial intelligence and its relationship with criminal justice; the ability to apply artificial intelligence in solving criminal cases; Vietnam’s policies and challenges on research, development, and application of artificial intelligence. From there, the author proposes some recommendations to enhance the efficiency of criminal cases resolution based on ensuring the basic rights of the accused.
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The Use of Artificial Intelligence in Criminal Investigation and Trials in Europe and Some Countries: Experience for Vietnam

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<title style='display:none'>Abstract</title>
Artificial intelligence (AI) possesses the capability not only to accelerate the dispute resolution process but also to promote early settlements by improving predictability and reducing risk. However, concerns have emerged regarding the impact of AI on the decision-making process, the transparency and control of arbitral data and algorithms, as well as the possible risks to confidentiality and personal data protection, especially in arbitration process. This article explores the difficulties in achieving a balance between the necessity for efficient AI-powered dispute resolution and the imperative to safeguard personal data and adhere to economics, arbitration law and personal data protection law. The challenge is particularly pronounced in Vietnam, where the legal framework for cybersecurity and personal data protection is still evolving.
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AI Implementation in ODR: A Game-Changer or a Troublemaker of Data Protection

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<title style='display:none'>Abstract</title>
The Investment Protection Agreement among Vietnam, the European Union (EU) and each of the EU’s member states (EVIPA) was signed by Vietnam and the EU on June 30, 2019, in Ha Noi. While the Free Trade Agreement between Vietnam and the EU (EVFTA) promotes trade liberalization between Vietnam and EU countries, EVIPA establishes legal safeguards for outward investment activities of investors from EU countries into Vietnam and vice versa. The EVIPA has not yet come into effect as it needs to be approved not only by the EU Council and the National Assembly of Vietnam, but also by the Parliaments of all EU’s member states. Even so, with the EVFTA in place, Vietnam hopes to attract more investment from the EU as Vietnam has committed to provide investors from the EU with certain protection some of which have not been available in any other investment protection agreements to which Vietnam is a party. Investors with EU nationalities undoubtedly are interested in how Vietnam could implement its commitments under the EVIPA. The paper discusses key commitments of Vietnam under the EVIPA along the lines of relevant provisions of Vietnam law and addresses some noteworthy points for investors from the EU planning to invest in Vietnam. It argues that understanding how domestic law and regulations facilitate international commitments would help investors from the EU prepare for their investments in Vietnam.
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Vietnam’s Commitments Under the European Union – Vietnam Investment Protection Agreement (EVIPA): Some Noteworthy Points

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<title style='display:none'>Abstract</title>
The Biden administration’s strategy in the Indo-Pacific is of twofold interest. On the one hand, it breaks with the approach that the United States has always advocated since the 1980s, namely the general opening of markets through free trade agreements. And on the other hand, the economy, more than trade, is at the center of the negotiations, with security, technology, and the resilience of value chains as the main issues. Is this a turning point? After placing the Indo-Pacific Economic Framework for Prosperity (IPEF) in its historical context, the author makes seven observations about it, to conclude that the initiative currently raises more questions than it provides answers to the United States economic security.
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The United States, Canada, and the Indo-Pacific Negotiations

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<title style='display:none'>Abstract</title>
The cooling-off clause in international investment agreements, intended to foster amicable dispute resolution before arbitration, often causes varied tribunal interpretations and jurisdictional disputes due to its unclear drafting. This article aims to comprehensively explore the cooling-off clause, covering its definition, the beginning and ending points of the cooling-off period, function, and enforceability in investor-state dispute settlement practice. It also delves into two different approaches adopted by investment tribunals in case of non-compliance with the cooling-off clause. Drawing from this analysis, the article provides recommendations for Vietnam as a host state to ensure the effective application of this clause.
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Enhancing Investor-State Dispute Resolution: Suggestions to Optimize the Effectiveness of Cooling-Off Clauses in International Investment Agreement Negotiations

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<title style='display:none'>Abstract</title>
The maritime outer limits of a coastal State depend profoundly on the structure of its coastline, which is likely affected by rising sea levels. This paper clarifies the legal effect of unilateral declarations by States in general and when establishing maritime outer limits in particular, and the impact of fundamental changes in circumstances on the validity of such declarations in order to offer recommendations for Vietnam.
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The Validity of Unilateral Declarations on Maritime Outer Limits Concerning Fundamental Changes Due to Sea Level Rise

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<title style='display:none'>Abstract</title>
As e-commerce continues to transform global trade, regulatory frameworks have predominantly evolved through bilateral and regional agreements. However, since 2017, a plurilateral initiative within the World Trade Organization (WTO) has sought to establish a comprehensive global agreement on e-commerce. The continuation of the moratorium on e-commerce, as agreed upon by members at the 13th Ministerial Conference, emphasizes a collective commitment to revitalizing efforts within the Work Programme on Electronic Commerce and reaffirms the existing practice of refraining from imposing customs duties on electronic transmissions until either the 14th Session of the Ministerial Conference or March 31, 2026, whichever comes first. Despite the active involvement of over half of WTO members in these negotiations, Vietnam has notably abstained from participation. This article delves into the background and substance of the WTO joint initiative, while also scrutinizing Vietnam’s decision and its consequences. It assesses the advantages that Vietnam could gain from participating in plurilateral agreements to bolster its standing in e-commerce and shape global standards. Additionally, it evaluates the risks associated with exclusion and explores the wider implications for Vietnam’s trade strategy, considering the spectrum between multilateralism, plurilateralism, and regionalism.
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The WTO and the Joint Initiative on Electronic Commerce: But Where is Vietnam?

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<title style='display:none'>Abstract</title>
The ASEAN Economic Community (AEC) seeks to align ASEAN with global “green growth” trends by developing an integrated eco-labelling standard for products traded among its member countries. This article presents a comparative study using a normative legal research method that draws lessons from other regional trade organizations, such as the European Union. The objective of this research is to determine the feasibility of designing an ASEAN Eco-labelling standard that is tailored to the characteristics of each ASEAN country’s eco-labelling policy. The labelling will be managed by an independent certification body headquartered at the ASEAN Secretariat, with representative offices in each ASEAN country.
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Initiating the Implementation of Eco-Labelling to Build the Pivot of Green Economy Growth in the Asean Economic Community

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<title style='display:none'>Abstract</title>
Construction activities are vital to the national economy, as they contribute to the creation of fixed assets through new projects, renovations, repairs, and the restoration of damaged infrastructure. However, these activities also pose environmental challenges. To address this, the government has implemented specific legal measures to mitigate environmental impacts and prevent degradation and pollution caused by construction. Although these regulations have yielded positive results, the environmental protection legal framework in the construction industry still has significant shortcomings and limitations that notably affect the efficacy of environmental safeguarding measures in construction projects. This article aims to provide a thorough analysis and evaluation of the environmental protection laws applicable to construction activities, identifying existing gaps and proposing improvement solutions.
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Environmental Protection Laws in Construction Activities in Vietnam – Current Situation and Recommendations for Improvement

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<title style='display:none'>Abstract</title>
Artificial intelligence (AI) is the latest in a long wave of disruptive technology, offering significant benefits but also creating risks if deployed in an uncontrolled manner. Recognizing this, many countries around the world, including Vietnam, are making efforts to research and build a legal framework to regulate and manage the development of AI to ensure that this technology supports their socio-economic development. In this context, the legislative experience of the European Union, one of world’s leaders in digital technology, is of high significance.
The European GDPR, adopted in 2016, has become the international standard in terms of data protection. The EU AI Act, which is currently in a draft stage and will come into force not before end of 2024, sets out horizontal rules for the development, commodification and use of AI-driven products, services and systems, including the AI system and data protection. This article particularly scrutinizes the interplay between both the AI Act/AI systems and the GDPR and considers the regulatory state of play as at October 2022.
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Artificial Intelligence and Data Protection: How to Reconcile Both Areas from the European Law Perspective

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<title style='display:none'>Abstract</title>
January 1, 2021 marks an extremely important event in China’s legislative history, as the day the first Civil Code of the Democratic People’s Republic of China entered into force on May 28, 2020 (the “Chinese Civil Code 2020”), after an extremely long preparation time. The 2020 Chinese Civil Code was considered China’s “Declaration of Civil Rights”, with a huge number of regulations. Understanding legal provisions of the Chinese Civil Code is essential because of the following reasons: firstly, as Vietnam’s neighboring country, China has close relations with Vietnam in many areas of civil life. Secondly, Civil Code is a fundamental law of social life, having a profound influence, so the study of Civil Code should be given priority before studying many other laws. Thirdly, researching laws of other countries will help us realize the points that need to be improved in our laws. Up to now, legal research on this Code has not been much. Despite the prolonged lockdown in the past two years, China’s real estate market is hotter than ever. Real estate is an extremely important asset, especially when the future of other economic sectors is bleak, the society’s financial resources were pouring more and more into real estate, from which relevant conflicts were also increasing, requiring the constant improvement of legal regulations. This study aims to analyze the process of improving Chinese civil law provisions on real property and assess the completion level of the current regulations. To achieve these goals, the study has collected a large number of relevant regulations that China has promulgated and legal discussions of experts. The article is composed of three parts. The first is an overview of real property legislation before the Chinese Civil Code 2020, and the second part is the current regulations. Based on them, the author reports research findings and makes discussion.
</abstract>

Real Property in Chinese Civil Law – The Process of Developing Property Legislation

<abstract><title style='display:none'>Abstract</title>Singapore is a land-scarce, densely populated, urbanized and technology-driven society. Despite her image as a clean and green environment, serious challenges remain to keep environmental pollution at bay. Both private and public laws, whether based on statutes or common law, as well as a host of regulations and community norms collectively regulate environmental pollution in Singapore. Statutory provisions targeting environmental pollution rely on criminal punishment, administrative measures and also compensatory damages awarded to victims in the event of breaches of specified statutory duties. The Environmental Pollution Control Act 1999, together with the implementing subsidiary legislation, seeks to minimise or mitigate the effects of air, water and noise pollution. Government agencies adopt preventive, monitoring and/or enforcement measures backed by a plethora of statutes, regulations, international standards relating to environmental pollution. More recently, the enforcement of environmental pollution measures have extended, with the enactment of the Transboundary Haze Pollution Act 2014, to combatting environmental pollution arising from the region. Further, the common law torts of nuisance, negligence and the rule in Rylands v Fletcher exist at common law to compensate the victims for the loss suffered arising from activities resulting in environmental pollution. The goals of enhancing environmental consciousness through public education and community efforts have also been emphasised in Singapore. Nevertheless, community mediation efforts have been supplemented by the establishment of Community Disputes Resolution Tribunals to deal with complaints by neighbours of smoke, smells, and littering in the vicinity of the complainants’ place of residence.</abstract>

Environmental Pollution Control in Singapore: The Intersection of Torts, Statutes, Regulations and Community Norms

<abstract><title style='display:none'>Abstract</title>The physical transformation of a colonial backwater city, Singapore, in one generation has been described as a feat of urban planning, renewal, and development. Less studied is the political will of the government to create a thriving city fit for purpose. Even less studied is the role of law that provides the powerful levers for the rapid and deep-seated changes to the urban landscape in Singapore. In this regard, the mindset shift that accompanied the massive urban transformation has facilitated a national psyche that embraces the material dimension of progress, for which urban renewal is not just a mere indicator but also a mantra for the fledgling nation-state desirous of change as a mark of progress. This essay examines the multi-faceted role of law in undergirding urban planning, policy, and development in Singapore. Rather than just providing a focus on specific laws that enables the government to shape the processes of urban redevelopment, the essay argues that these laws have to be understood within the context of “urban redevelopment pragmatism” in which pragmatism is as much a planning ideology as it is a driver of urban change and renewal. Furthermore, this planning pragmatism, very much mission-oriented towards national goals, has become a potent source of political and performance legitimacy for the ruling People’s Action Party. The legal regime that provided the wherewithal for urban renewal, economic activity, water quality management, and spatial integration of a polyglot society is now being reconfigured for the urgent aspiration of becoming a global city and a smart nation. The essay also considers the limitations to this planning and redevelopment pragmatism, and how the rapid urban change has somewhat enervated the urban heritage and contributed to a weakening of the collective memory of change amid continuity.</abstract>

From Third World to First World: Law and Policy in Singapore’s Urban Transformation &amp; Integration

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Vietnamese Journal of Legal Sciences

 Print ISSN (p-ISSN): 2719-5872, Online ISSN (eISSN): 2719-3004   The Vietnamese Journal of Legal Sciences (abbreviation VJLS) is a semi-annual journal that aims...

 Print ISSN (p-ISSN): 2719-5872, Online ISSN (eISSN): 2719-3004   The Vietnamese Journal of Legal Sciences (abbreviation...

Vietnamese Journal of Legal Sciences

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