RESTRICTING GASOLINE VEHICLES, INCENTIVIZING ELECTRIC VEHICLES: CHINA’S LEGISLATIVE EXPERIENCE AND IMPLICATIONS FOR VIETNAM
PhD. Tran Thi Thu Ha, Ho Chi Minh City University of Banking.
Hoang Viet Duc, Ho Chi Minh City University of Industry.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/18332679 | Page 01 to 27
Abstract
Abstract
Urban air pollution and carbon-neutrality commitments are creating an urgent need to accelerate the transition to electric vehicles (EVs). This article: (i) systematizes and evaluates Viet Nam’s current legal framework governing the green transport transition, including technical and safety standards, charging infrastructure, fiscal and non-fiscal incentives, battery recycling responsibilities, public procurement, and spatiotemporal restrictions on gasoline vehicles; (ii) conducts a selective comparison with China’s experience, where standards, infrastructure development, and incentive packages have been implemented in an integrated manner across the vehicle life cycle; and (iii) proposes a roadmap for legal refinement in Viet Nam. The findings identify three major gaps: (1) legal fragmentation; (2) incentive and regulatory instruments that are insufficient to drive large-scale behavioral change; and (3) the absence of effective inter-sectoral coordination and monitoring and evaluation (M&E) mechanisms. The article recommends a “risk- and life-cycle-based legal toolkit,” including interoperable standards for charging infrastructure; performance-, safety-, and battery-recycling-conditional incentives; low-emission zones and phased restrictions on gasoline vehicles; public procurement as a market-pull mechanism; and an inter-agency coordination model supported by periodic M&E indicators.
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CURRENT PRACTICES IN ENFORCING LAWS AGAINST ABUSE OF A DOMINANT POSITION
Nguyen Xuan Thang, Nguyen Tat Thanh University, Ho Chi Minh city, Vietnam
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/18329328 | Page 01 to 10
Abstract
In a market economy, enterprises are free to enter into contractual relationships, and transactions involving enterprises holding a monopoly position occur frequently. In order to help contracting parties better understand competition law when entering into contracts with enterprises in a monopoly position, this article analyzes the legal provisions governing the abuse of a monopoly position. Specifically, it focuses on the act of abusing a monopoly position to unilaterally amend or terminate an already concluded contract without legitimate reasons. On that basis, the article identifies the relevant legal grounds and competition law regulations, highlights existing shortcomings, and proposes recommendations and solutions to further improve the current legal framework.
Keywords: competition, monopoly position, abuse of monopoly position, unilateral amendment or termination of contracts
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For articles published under a Creative Commons CC BY 4.0 license, any part of the article may be reused for any purpose, including commercial use, provided that the original MSIP article is clearly cited.
“WITHOLDING EVIDENCE”- MEANING, LEGAL RIGOUR AND IMPLICATIONS UNDER NIGERIA ADJECTIVAL ECOSYSTEM
PROF OBIARAERI, N. O., Faculty of Law, Imo State University, Owerri, Nigeria.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/18204672 | Page 01 to 10
Abstract
By recourse to statutory stipulations and judicial authorities, this paper examined the meaning, legal rigour and implications of the “presumption of withholding” evidence under the adjectival laws of Nigeria. The paper established that a party is said to have “withheld evidence if it “deliberately did not present evidence that could be relevant to a case” either because he pleaded it himself or the adverse party demanded it formally. The paper further established that the “presumption of withholding evidence” is not the same thing with “non-production of witnesses” because the latter belongs to the autonomous realm of parties to call or refuse to call any number of witnesses in the conduct of their cases. It was recommended that where successfully established; the Court should not hesitate in holding that evidence that is withheld would if produced be unfavourable to the party withholding it. No party should be allowed to hoodwink the Court or use subterfuge to conduct his case or matter.
Keywords: evidence, presumption, production, withhold, witness.
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Human Rights in Bangladesh: An Evaluation of ICCPR and ICESCR Obligations and State Practices
Amina Basar Oni, Lecturer, Presidency University, Bangladesh.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/18175555 | Page 01 to 11
Abstract
A comprehensive review of available data—ranging from academic journals and books to reports by rights watchdogs such as Odhikar, Amnesty International, and Human Rights Watch—reveals a singular, recurring theme: violation. In a democratic framework, human rights abuses typically occur when state machinery becomes overly centralized, sidelining the citizenry. Contemporary Bangladesh exemplifies this centralization, effectively shifting from a “People’s Republic” to a governance model centered solely around the executive, a transition that has precipitated a human rights crisis. The spectrum of violations is broad, encompassing the suppression of voting rights, curtailment of free speech, extrajudicial executions, enforced disappearances, and targeted attacks on minorities and political opponents. While human rights theoretics include social, health, economic, and cultural entitlements, the impoverished demographic in Bangladesh is systematically denied these necessities. The state and its institutions have paradoxically become the very wellsprings of inequality, corruption, and lethal violence. Ain O Salish Kendra (ASK) has noted that the alarming human rights trend observed in previous years has persisted without abatement. This reality stands in stark contrast to the Constitution of Bangladesh, which theoretically guarantees major international rights and good governance. Despite ratifying core instruments like the UN Charter, the ICCPR, and the ICESCR, the state’s actual performance creates a paradoxical legal landscape. This paper evaluates this disconnect, measuring Bangladesh’s treaty obligations against the ground reality.
Keywords: Civil Liberties, International Covenants, State Accountability, ICCPR, ICESCR.
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APPRAISAL OF STATE’S CONSTITUTION ON HUMAN RIGHTS PERSPECTIVE
Dr Hossain K A, Vice Chancellor, Bangladesh Maritime University Dhaka, Bangladesh.
Khandakar Shaffat Akhter, Department of Law, prime Asia University, Dhaka, Bangladesh.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/18150951 | Page 01 to 98
Abstract
Modern humanoid rights have their origins in Renaissance humanism. In the 19th century, democratic changes established universal voting rights in the 20th century. The World-wide Statement of Human Rights emerged from the two world wars. A nation’s constitution is the highest law, with all other laws beneath it. Protecting human rights in a constitution is crucial for protecting these rights and ensuring legal accountability for their implementation. Sections of constitutions that outline fundamental rights and liberties provide strong legal tools to indorse and defend human rights. When these privileges are combined through effective enforcement mechanisms, they are essential for achieving lasting peace, justice, and inclusive societies. States in most parts of the globe usually amend and sometimes write completely new Constitutions. Factors impacting this include the aim to reshape political power distribution, the quest for a more democratic constitution, more vigorous checks and balances, and better alignment with citizens’ interests and needs. Constitutional change could happen following a conflict to create a new framework to foster a fairer and more just society. Alternatively, an existing constitution may require revisions to effectively address societal, political, economic, or social transformations. Therefore, A key element of any constitutional reform is safeguarding, respecting, and promoting individuals’ anthropological privileges and important freedoms. This analytical work seeks to comprehensively understand besides acknowledge of fundamental rights and liberties as essential components in developing or reforming a state’s Constitution. Furthermore, it assesses whether the procedures utilized in constitutional drafting or reform are in alignment with established international procedural norms.
Keywords: human rights, fundamental freedoms, Constitution, UDHR
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