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.
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.
In its endeavour to attract foreign investment inflows and realise the diversity and security of its energy supply, Vietnam has set out short, medium and long term strategies which have been articulated in a number of legal instruments. These developments include the drive and acceleration of divestment and liberalisation of the energy market and ensuring healthy competition therein. This article provides a critical analysis of the current divestment of state-owned enterprises (SOEs) in Vietnam’s oil and gas sectors. In doing so, it also assesses current state of affairs against the key principles and objectives of competition law. After providing a brief summary of the milestones in the oil and gas sector, the article explains the equitisation in and privatization of SOEs and critiques the implications of these practices against the benchmarks of competition law provisions. After identifying the current problems and future challenges that lie ahead, it provides a number of constructive recommendations for policy development and legal reform.
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.
Vietnam has experienced an economic growth accompanied by increasing energy demand and inadequate supplies. Like most developing countries, the increased inefficient use of energy in Vietnam leads to increased greenhouse gas emissions and high energy costs for consumers. Also, the traditional sources of energy are not sufficient to satisfy the demand of the economic sectors.
With the negative impact of climate change on water resources and the depletion of coal, oil and gas reserves, Vietnam must diversify and integrate other forms of renewable energies into its energy mix. The efficient use of renewable energy resources can boost economic development. Thus, the policies for endorsing renewable energies and energy efficiency are playing a vital role in ensuring the sustainable development for Vietnam’s future. This paper examines the legal and policy framework influencing the deployment of renewable energies and energy efficiency in Vietnam. The paper also attempts to identify major barriers to a large scale deployment of renewable energies and energy efficiency technologies and offers some possible solutions.
The paper explores the regulatory developments for energy liberalization in electricity and gas sectors. It displays that government made vital institutional and regulatory reforms to create and implement energy liberalization in Thailand. Nevertheless, the author also points out that there are regulatory issues for implementation of the energy liberalization. The paper proposes some possible plans for regulatory developments with the focus on energy liberalization and competition. It provides an overview of regulatory developments which contribute to liberalization of the Thai energy sectors anol describes the regulatory challenges which hinder the process of the energy liberalization. The paper offers suggestions for the regulatory developments in order to ensure the implementation of energy liberalization toward market efficiency and competition.
Judicial institutions which provide legal mechanisms for conflict resolution play an important role in maintaining the social order of complex societies. Weaknesses in the performance of their duties can contribute to social conflict developing into outright violence that will be beyond the management of law and the courts. In this sense it is strategic to study the judicial system and the decision-making processes of its judges if one wants to understand the ways conflicts are dealt in a certain place and time. In this article we focus our attention on the role of the Brazilian Federal Supreme Court as custodian of the Constitution and the discourses that its decision-making construct when dealing with human rights issues. Specifically we set out to understand how the opinions of Brazilian Supreme Court Justices are constructed when deciding cases concerning freedom of religion. The timeline considered covers 31 years, from 1988 to 2019, a period that begins with the promulgation of the new constitution in 1988 (which symbolically reinstated democracy in the country after the end of the period of military rule that began in 1964) up to the present day. We begin by presenting the legal definition of freedom of religion in Brazil which constitutes the normative background of the discussion. We then discuss our project, stressing the methodological approach we have adopted and finally we present our data findings. We identified 39 cases in total of which 11 were selected and analyzed using the methodology of Semiolinguistic Discourse Analysis in order to define the semantic field related to freedom of religion in Brazil. Even though the number of cases is not large it is possible to identify some features of Brazilian legal culture which are also recurrent when dealing with religious freedom. One of these features is the absence of consensus-building logic in the Justices’ opinions—we attribute this to what we term the disputatio mindset—which contributes to continuing institutional instability and legal insecurity. Our findings suggest that these Supreme Court decisions frequently lack the strong level of rational consistency that lower courts require if they are to identify clear guiding principles that can control the outcomes of new cases
Occasionally traced back to Byzantine times, the rule that penal statutes are to be interpreted strictly in favor of the subject, also known as the rule of lenity, now finds expression in common law countries across the world. This Article compares the origins and evolution of the rule in Australia and the United States. The comparison is timely because of the current uncertainty in both jurisdictions about the rule’s rationale and scope and because of an emerging global trend towards the “constitutionalization” of common law rules of interpretation. In the course of the analysis, various facets of the rule are discussed, including its common law origins; jurisprudential development; purported constitutional foundations; and modifications by state and federal statutes. Tracing the rule’s development in each country reveals significant commonalities, but also important differences, in the respective approaches to the interpretation of criminal statutes. Most importantly, despite similarities in the two countries’ constitutional structures, the rule has assumed constitutional significance in the United States but not in Australia. Identification of this marked difference provides an opportunity to reflect on the separation of powers, and the federal structure, of each country.
The relationship between the law and masculinity has not been as thoroughly examined as the relationship between the law and feminism or, more generally, between the law and gender. Yet, the reach of masculinity stretches deep into the very fiber of the law. Masculinity has for too long served as an invisible bedrock on which the law founded both its substance and method. The struggle for formal equality during the last half century sought the elimination of the masculinist bias, but has only exposed the extent of the entrenchment. The popular idea is that the law exists in a removed and exalted position where it sits in judgement of a pre-existing and fully formed masculinity. Indeed, much of the internal coherence of the law is premised on the integrity of the subject and the propagation of sexual difference. Thus, the law is precluded from acknowledging or engaging with its own productive power and vacuously characterizes itself as a neutral arbiter. Today, while significant changes occur in sex and sexuality, the study of masculinity appears theoretically stagnant.
Part I of this paper distinguishes between masculinity studies and the men's movement and explains the relationship of each to feminist theory. Part II looks at how the power of the law works and how masculinity studies is an effective tool to help understand how that power manifests and is employed. Part III examines the relationship between feminist legal theory and masculinity studies with a particular focus on two areas where I view masculinity studies as having successfully employed insights from feminist theory. Finally, Part IV considers four areas where I suggest masculinity studies could better incorporate certain insights from feminist theory, which would result in a more rigorous understanding of the relationship among power, masculinity, and law, and point masculinity studies in a more nuanced direction. To advance this critique, the paper analyzes underlying arguments that support the power of law based in classic liberal political theory. It employs recurrent critiques of the law, and of liberalism more generally, found in Feminist Legal Theory, Critical Race Theory, Queer Theory, and Critical Legal Studies to reveal the law as always already intertwined with masculinity.