Jurisdictional conflicts in the collection of digital evidence under public international law

Within public international law, state sovereignty remains one of the most fundamental principles underpinning the international legal order. Reflected in Article 2(1) of the Charter of the United Nations, sovereignty affirms the legal authority of each state over its territory, including its land, airspace, maritime zones, population, and natural resources. However, the rise of digital technologies, cloud computing, and transnational data flows has increasingly complicated the investigation of cybercrime, as criminal conduct and relevant digital evidence often extend beyond national borders. In such circumstances, law enforcement authorities are frequently required to seek assistance from foreign states, which may result in delays, procedural inefficiencies, and challenges in criminal prosecution. This study provides an overview of cross-border cybercrime and examines how the principle of state sovereignty affects the collection of digital evidence. It further explores how states have responded to these challenges through relevant case law, legal instruments, and regulatory frameworks. Finally, the study analyses Vietnamese regulations on the acquisition of electronic evidence and discusses possible directions for improving the effectiveness of cross-border cybercrime investigations.