CONTENTSPREFACEIn 2004, a new law school system was established to train legal professionals inJapan. Over the past thirteen years, Keio University Law School has been striving todevelop the wide-range of human resources required in the legalized society of the 21st
century.
In this century, Asian and Pacific countries are in the process of forming a large
economic bloc, and, because of this, various disputes are arising from the global
interaction between people and companies. To address some of these tensions, thebest way to proceed is to establish a new legal community for legal education and thetraining of legal professionals, and to discuss the development of global law within that
community.
However, most international education in Japan has depended on outbound programs,
such as exchange programs in American law schools. For this reason, Keio University
Law School has launched a new LL.M. course in Global Legal Practice, in addition to
its J.D. program for prospective Japanese legal professionals. The new LL.M. program
permits students to obtain a Master of Laws degree in one year, taking instruction in
English. It is the first program of its kind at a Japanese law school.
At the same time, in collaboration with six law schools from East Asian countries,
we have moved towards establishing a new global legal community and have started
joint legal education program called the Program for Asian Global Legal Professions(PAGLEP). PAGLEP aims to foster global legal professionals who take strong leadershiproles in finding solutions to legal issues occurring in globalizing societies. This programis unique in that the seven law schools share the issues confronting each partner school
as a result of their historical, geographical, and cultural backgrounds.
It is our great pleasure to celebrate the publication of our second successful meetingin September 2017 on comparative legal education, titled “Challenges for Studying
Law Abroad,” where we discussed various obstacles to students studying law in foreigncountries and identified several measures to overcome those obstacles, sharing goodpractices and experiences in partner law schools.

-i-Finally, I would like to end this preface by saying that it is our hope the successof this collaboration will mark the beginning of the formation of a new Asian legal
community.

Naoya Katayama
Former Dean, Keio University Law School
6 January 2018

- ii -

CONTENTS

PREFACE

Mutual cooperation between Mekong region countries and Japan is expanding anddeepening, both in economic cooperation and human resource development. Furthermore,deepening mutual cooperation in legal education will promote establishment of joint
programs in various fields of law.
At the same time, however, we are still challenged by the majority’s inability toaccess sufficient legal services due to the legal field’s lack of human resources. The
dearth of qualified legal professionals reduces people’s opportunity to access justicesystems because these professionals are essential actors in promotion of access to justice.
Without sufficient access to justice, people are unable to exercise their rights, challenge
unjustified situations, and claim the State’s accountability. Sometimes a nation loses
investment opportunities because investors recognize insufficient legal services as a
crucial risk, weakening not only the economic, but also the social power of the nationand creating further economic inequality between countries.
Then how can access to justice be improved? I believe that the promotion of legal
education is one promising answer, and it will be further improved by strengthening theinternational exchange of students and teachers.
This book introduces various international exchange programs in legal education ofrepresentative universities in Mekong region countries and Japan, identifies obstacles thatexist in our current programs, and explores viable measures to overcome those problems.
Indeed, this is our challenge in improving access to justice through facilitating to study
law abroad in the Asian region. As an outcome from the Programs for Asian Global
Legal Professions (PAGLEP), it will be shared on a global scale and exemplify humanresource development in legal education.

Isao Kitai
Dean, Keio University Law School
19 January 2018
- iii -

CONTENTSCONTENTSPREFACE
Naoya KatayamaiIsao Kitai

iii

Hiroshi Matsuo

1

INTRODUCTION
WHY IS IT WORTH CHALLENGINGFOR STUDYING LAW ABROAD
IN THE ASIAN REGION?
1. Advantages of Studying Law Abroad in the Asian Region
2. Challenges for Studying Law Abroad in Asian Universities
3. Obstacles to Studying Law Abroad in the Asian Region
4. Possible Measures to Eliminate Obstacles
5. Constructing a Common Market among Law Schools toward the
Globalization of Legal Education

COUNTRY REPORTS
Chapter 1:

THE IMPLEMENTATION OF STUDENTEXCHANGE PROGRAMS:
Some Issues from the Hanoi Law University Perspective
Nguyen Van Quang

25

1. The Context: Internationalisation and International Collaboration at
Hanoi Law University
2. Student Exchange Programs at Hanoi Law University: the Fact
3. How to Promote Student Exchange Programs at Hanoi Law University in
the Context of ASEAN Integration: Some Suggestions
4. Conclusion-v-

Chapter 2:

EXCHANGE PROGRAMS AS METHOD
OF COMPARATIVE LEGAL STUDY:
UEL’s Experience
Nguyen Ngoc Dien41

1. Interest of Comparative Law Study
2. Challenges and Solution
3. Illustration: UEL—Paris 2 Exchange Programme
4. Experience

Chapter 3:

INTERNATIONAL EXCHANGE PROGRAM(S) FOR LEGALEDUCATION AT THE FACULTY OF LAW AND PUBLICAFFAIRS OF PAÑÑĀSĀSTRA UNIVERSITY OF CAMBODIA
Kong Phallack and Phin Sovath47

1. Introduction to Paññāsāstra University of Cambodia and the Faculty of
Law and Public Affairs
2. Why an International Exchange Program?
3. Outputs and Outcomes
4. Good Practice
5. Challenges of International Exchange Programs
6. Conclusions
Chapter 4:

THE CHALLENGES TO STUDY LAW ABROAD:
The International Cooperation and Exchange Program for
Legal Education at The Faculty of Law and Political science,
National University of Laos

Viengvilay Thiengchanhxay and Sonenaly Nanthavong

59

1. Introduction
2. International Cooperation and Exchange Program at FLP, NUOL
3. Outputs, Outcomes and Challenges
4. Conclusion
Chapter 5:

INTERNATIONAL EXCHANGE PROGRAMS AND
COLLABORATIONS FOR LEGAL EDUCATION
AT THAMMASAT UNIVERSITY
Junavit Chalidabhongse and Viravat Chantachote
1. Introduction
2. Overview of Law Programs Taught in Thai Language at Thammasat- vi -

69

CONTENTS

University Faculty of Law
3. Barriers Causing Problems to Students in Thai-taught LL.B. Program toParticipate in an Exchange or Collaborative Program
4. New Development to Increase the Incentives for Students in Thai-taught
LL.B. Program on Participating in an Exchange or Collaborative Program
5. Overview of Law Programs Taught in English Language at Thammasat
University Faculty of Law
6. The Exchange Programs and Collaborations in English-taught Programs
at Thammasat University Faculty of Law
7. Conclusion
Chapter 6:

INTERNATIONAL STUDENT EXCHANGE PROGRAMSFOR LEGAL EDUCATION AT UNIVERSITY OF YANGON
Khin Chit Chit83

1. Introduction
2. History of University of Yangon
3. Vision for the University of Yangon
4. Legal Education in University of Yangon
5. Requirement for Improvement of Legal Education
6. International Collaboration and Development Partners
7. Current Students at Law Department (2016-2017) Academic Year
8. International Student Exchange Programs
9. Benefits of International Student Exchange Programs
10. Challenges to International Student Exchange Programs
11. Conclusion
Chapter 7:

COMPARATIVE LEGAL EDUCATION:
Challenges for Studying Law Abroad
Khin Phone Myint Kyu

93

1. Introduction
2. Facts about the University of Yangon
3. Human Resource Development Program (HRD) in University of Yangon
4. Regular Programs of Study at the University of Yangon
5. International Collaboration for Capacity Building
6. International Exchange Program for Legal Education
7. Problems and Obstacles for Further Development of International
Exchange Programs
8. Conclusion- vii -

Chapter 8:

GLOBALIZING JAPANESE LEGAL EDUCATIONAT KEIO UNIVERSITY LAW SCHOOL (“KLS”):
Exchange and Double Degree Arrangements as One Arrowin the QuiverDavid G. Litt103

1. Introduction
2. The 2004 Legal Education Reform and the Japanese Law School System
3. Keio University Law School (“KLS”) Programs
4. Out-bound Exchanges from Keio
5. Next Steps for KLS Globalization
6. Conclusion

COMMENTSJAPANESE LAW TAUGHT IN ENGLISH
Susumu Masuda

121

1. My Presentation Topic
2. “Cross-Border Litigation” Course
3. My Teaching Methods
4. Difficulty (1) – Different Backgrounds
5. Difficulty (2) – English Materials for Japanese Laws
6. Difficulty (3) – Language
7. Conclusion

LOGISTICS FOR THE IMPLEMENTATION OF
INTERNATIONAL EXCHANGE PROGRAMS
Hitomi Fukasawa

127

How Can We Promote International Exchange Programsfor the Study of Law among Universities in the Asian Region?

137

1. Introduction
2. Start Living in Japan
3. Other Obstacles Abroad—The Language Barrier
4. Conclusion

PANEL DISCUSSION- viii -CONTENTS

ON-SITE REPORTS
SPECIAL SUMMER PROGRAM ON COMPARATIVE AND
INTERNATIONAL BUSINESS LAW SHORT REPORT
Mao Kimpav

161

FROM LAW CLASSROOMS IN ASIAN UNIVERSITIES:
Short Report on the Collaboration Program in Thailand
Hiroshi Matsuo and Hitomi Fukasawa

MATERIAL
COURSE CATALOGS
193• Hanoi Law University, Vietnam• University of Economics and Law, Vietnam National University,
199
Hochiminh City
206
• Paññāsāstra University of Cambodia
216• National University of Laos
221
• Thammasat University, Thailand
227• University of Yangon, Myanmar
235• Keio University Law School, Japan

INDEX

239

ABOUT KEIGLAD

241

ABOUT THE AUTHORS

242- ix -

169

INTRODUCTION

WHY IS IT WORTH CHALLENGINGFOR STUDYING LAW ABROAD
IN THE ASIAN REGION?

Hiroshi Matsuo*(Keio University)

1. Advantages of Studying Law Abroad in the Asian Region
1.1 General Reasons to Study Law Abroad
It is widely recognized that legal education is strengthened by exchanging
students and teachers between universities which have different advantageous resources. Each law school has its own international exchange programs with foreign
partners. There are several reasons to study law in foreign universities. When I
asked students who came from foreign countries or who experienced studying law
overseas why they would like to study law abroad, the answers varied dependingon their purposes and interests of doing so.1 However, the reasons to study law* This article is based on the introductory remarks of the Second Meeting on Comparative
Legal Education in the Mekong Region Countries and Japan held on September 30, 2017 at
Keio University Law School (for its details, see http://keiglad.keio.ac.jp/en/). I wish to gratefully acknowledge the participation of Mr. Kazumi Shindo, Director, Office for International
Planning, Higher Education Policy Planning Division, Higher Education Bureau, Ministry of
Education, Culture, Sports, Science and Technology.
1Parts of the answers are based on questionnaires distributed by the author in October 2017at the law school classes of “Law and Development in East Asian Countries” and “Area Studies of Law (South East Asia),” to which around 40 students in total attended, who were orig-3-

abroad including those answers can be classified into the following categories.
(a) Acquiring In-Depth Knowledge of Foreign Law: First, it is advantageous for law students, law teachers, and legal professionals to understandforeign law by experiencing it in its natural context. They will discover not only
the actual functions of formal law through practical applications to concrete
cases but also the role of informal institutions that may coexist or supplement theformal institutions. They can learn foreign law in its own language, which will
deepen the understanding of that law with the cultural background to be obtained
from the insider’s viewpoint close to the nationals. Thus, acquiring the in-depth
knowledge of foreign law from Inside and its background is the major advantage
of studying law abroad, which can be obtained only by living in that country andbeing deeply involved in its daily life. Additionally, deepening knowledge of theforeign legal system from its internal viewpoint may help students better understand the legal system of their home country, which is an important byproduct ofstudying law abroad.
(b) Conducting Comparative Legal Research: Second, interest in foreign
law will naturally lead students to compare the form, content, and function of aparticular law of the foreign legal system with that of their own country, to analyze the reasons for similarities as well as differences, to identify the commonand special elements of that legal system, and thus enrich their knowledge ofcomparative law. Studying law abroad can be a rich source of comparative legal
research, which seeks answers to fundamental questions about the functions,purposes, and essence of law. From this viewpoint, researchers can learn not
only from teachers but also from classmates who come from different parts of
the world. Students will become more open-minded and learn to approach fundamental questions about law from more flexible and broad perspectives.
(c) Learning Legal Theory: Third, they can learn the legal theory underlying the development of the foreign legal system where legal science has

inally from Italy, France, Portugal, Germany, Russia, the U.K., the U.S.A., Indonesia, South
Korea, Brunei Darussalam, China, Vietnam, and Japan.
-4-WHY IS IT WORTH CHALLENGING FOR STUDYING LAW ABROAD IN THE ASIAN REGION?

developed on the basis of a long history of legal research activities. The typicalexamples of these activities can be found in the historical accumulation of legal
doctrines that have produced the legal systems known as Roman law, civil law,and common law. As a result, the mainstream of studying law abroad is madeup of law students who went to prominent universities in Italy, and then students
who went from developing countries to France, Germany, the U.K., and the U.S.
This flow of theoretical knowledge of law is one of the main sources of “receptionof law”. Students can learn general principles of law, refined techniques of interpretation of law, and advanced methods of creating detailed provisions of law
based on the long tradition of legal science. In this context, students who study
law abroad have flowed mainly from non-Western countries to Western Countries, and from civil law countries to common law countries and vice versa.
(d) Learning Legal Practice: Fourth, legal practitioners who have business
relationships with entities from a particular country go to that country to learn
the practical treatment of actual legal cases. They can learn not only from legal
experts in large cities, such as lawyers in big law firms, but also from local experts and create business networks with them. Furthermore, in the promotion ofa globalized economy and the formation of standard international transaction
rules by economic superpowers, law students and lawyers want to study law andpractice in the countries that are producing those international standards. In thiscontext, they have been going to the U.K., the U.S., and other English-speaking
countries where they have opportunities to learn those common standards. They
may also be qualified as lawyers of that country if they meet the requirements,
such as obtaining an LL.M. degree and passing a bar examination in the U.S.
(e) Studying Law and Development and Finding the Spirit of Law: Finally, studying law abroad may bring some more benefits. It will expand theperspectives of students, teachers, and practitioners toward law because they will
see the variety of law in different circumstances and stages of development. It
may even change the observers’ conception of law from a system of establishedrules to a system of transforming rules in accordance with the development process of a country. They will find that laws are not static and absolute rules, but-5-dynamically changing rules relative to the circumstances of a society. This is thevery concept of “spirit of laws” as Montesquieu tried to describe.2 This dynamic
and relative conception of law can be acquired more evidently in Asian countries
where law has been used instrumentally to facilitate economic and political development which are indispensable parts of sustainable development goals. This
conception of law is indispensable to identify the role of law for establishinggood governance of each country which is a precondition for global governanceas a collective body of countries that are achieving good governance without establishing a world government. In this context, the study of dynamic and relative
features of law within the globally interconnected relationships will be a prerequisite for the globalization of legal education.

1.2 Special Advantages to Study Law in Asian Countries
In addition to the general advantages of studying law abroad as stated above,
studying Asian legal systems in Asian countries has various advantages. They
include increasing knowledge about the uniqueness of Asian laws within theircultural backgrounds, extending the horizon of comparative law, deepening
understanding of legal theory by incorporating unique concepts of law and justice into the general theory of law, becoming familiar with the legal practices of
emerging Asian markets, and identifying the role of law in the development process of Asian economies and political systems, which are unavoidably involvedin the globalized system.
Various types of legal systems coexist in the Asian region.3 The legal systems

2

Montesquieu recognized that “the political and civil laws of each nation ought to be only

the particular cases in which human reason is applied. … They should be in relation to thenature and principle of each government; … They should be in relation to the climate of eachcountry; …”. Charles Louis de Secondat Baron de la Brède et de Montesquieu, DE L’ESPRITDES LOIS, Tome Premier, 1748, à Genève, Chez Barrillot & Fils, Partie I, Livre 1, Chapitre (3),Ligaran, 2014, p. 132.
3

Poh-Ling Tan (ed.), Asian Legal Systems: Law, Society and Pluralism in East Asia, Butter-

worth, 1997.
-6-

WHY IS IT WORTH CHALLENGING FOR STUDYING LAW ABROAD IN THE ASIAN REGION?

of Malaysia, Singapore, Hong Kong Special Administrative Region (SAR), India, Pakistan, Bangladesh, and Sri Lanka have been influenced by common law
through colonization by the U.K., while those of Japan, Korea, Taiwan, Thailand,
and Cambodia have been influenced by civil law through the reception of law
from France and Germany since the end of the 19th century. The legal systems ofIndonesia and the Philippines have also been framed by civil law through Dutchand Spanish law. China, Vietnam, and Laos have adopted the socialist legal
system that was amended by the introduction of market mechanisms since themiddle of the 1980s. Islamic law is also widespread in Asian countries, such as
in Malaysia, Indonesia, Pakistan, and Bangladesh. Thus, most of the major legal
systems can be found in Asia.
(a) Studying law in Asian countries opens the door to diverse legal systems: It will increase the knowledge of each country’s legal system in its uniquelanguage and within its cultural traditions and customs.
(b) Studying law in Asian countries will also expand the perspectives ofcomparative law: It will provide opportunities to compare the development ofcommon law, civil law, socialist law and Islamic law which are adopted throughthe unique reception of law in Asian countries. Even among the common law
countries in this region some differences and unique characteristics can be foundin the legal system of Malaysia, Singapore, Hong Kong SAR, India, and Sri Lanka. The same applies to the civil law countries of Japan, Korea, Taiwan, Thailand, Cambodia, Indonesia, and the Philippines, and to the socialist law group of
China, Vietnam, and Laos. The Islamic legal system is not identical in Malaysia,
Indonesia, Pakistan, and Bangladesh. The comparative analysis between the
different legal systems and within the same legal system in Asian countries will
deepen the comparative perspectives of each major legal system.
(c) The concept of law in Asia has maintained a close relationship withthe moral and religious precepts of Confucianism, Legalism, Hinduism,
Buddhism, and Islam:4 For instance, a code of conduct developed from Confu4

Even within Buddhism, the code of conduct is different between Theravada Buddhism-7-cian and Legalist thought that originated in China and was transmitted to Korea
and Japan has been profoundly connected with the concept of law in East Asian
countries. This indicates that the standard theory of law fostered by Western
legal thought could be further developed by including the unique concepts thathave been intertwined with legal systems in Asian countries.5 The same could besaid about the concept of justice as a fundamental value of law. There was a hot
debate on the Asian values which recognized the policy implementation by authoritarian government which was based on the significance of collective justicein Asian countries.6 Thus, studying Asian law will contribute to the developmentof the theory of law and justice.
(d) Learning the legal practices and the means of dispute resolution in
Asian countries has important practical implications to facilitate international transactions: There is an emerging center of growth in Asia, especiallyin the Mekong region countries, such as Vietnam, Laos, Cambodia, Thailand,and Myanmar. The establishment of the ASEAN Economic Community (AEC)
in 2015 has further increased the practical importance to study law in ASEAN
countries.
(e) The economic growth in Asian countries highlights the relationshipbetween legal reform and economic and political development: A series oflegal reforms, such as in property law, land law, contract law, tort law, law of
secured transactions, company law, investment law, and civil procedure law,has played a positive role in economic development, particularly in the Mekong
widespread in Thailand, Cambodia, and Laos, on the one hand, and Mahayana Buddhism
widespread in Vietnam, China, Hong Kong SAR, Taiwan, Korea, and Japan, on the other.
5

The reconsideration of the concept of law will inevitably influence the understanding of “therule of law” advocated as a common goal of legal development. See Hiroshi Matsuo, “Let theRule of Law Be Flexible to Attain Good Governance,” in: Per Bergling, Jenny Ederlöf andVeronica L. Taylor (eds.), Rule of Law Promotion: Global Perspectives, Local Applications,
Iustus, Uppsala, pp. 41-56.
6

As for the critical comment to the Asian values, see Amartya Sen, “Thinking About Human

Rights and Asian Values,” Human Rights Dialogue, 1.4, 1996; id., “Human Rights and Asian
Values,” The New Republic, July 14 & 21, 1997, pp. 33-40.
-8-WHY IS IT WORTH CHALLENGING FOR STUDYING LAW ABROAD IN THE ASIAN REGION?

region countries. These countries provide us with rich materials for the study oflaw and development. We may find some patterns of virtuous cycles and negative cycles between political structure, legal reform, and economic development.
Some Asian countries seem to show that the formation of strong government
through the centralization of political powers was authorized by the constitutional reform; then the strengthened government undertook a series of legal reform
programs for economic growth which were followed by another legal reform
for equitable distribution; and thus the economic outcome led to the supportive
participation by the citizen to the political decision making which promoted democracy with political stability.7 Studying these patterns in Asian countries willallow observers to see law as a viable instrument to achieve economic growthwith equity and political progress with stability and thus to establish good governance in a country, which can lead to the establishment of global governanceas networks of countries with good governance. Studying the various challenges
for legal reform experienced by Asian countries will provide opportunities forstudents who will contribute to the gradual formation of a system of global governance. Teachers in different countries can accumulate, exchange, and sharematerials on this subject in the Asian region, and they will become indispensable
resources to explore the spirit of laws and to promote the globalization of legal
education. Thus, when law is studied in Asian countries from the perspective oflaw and development, it has great significance.

2. Challenges for Studying Law Abroad in Asian Universities
2.1 Degree Programs
To realize the advantages discussed above by facilitating the mutual exchange of students and teachers among different universities in the Asian region,

7

As for the sample analysis of Japan, see Ikuo Kabashima, “Supportive Participation with

Economic Growth: The Case of Japan,” World Politics, Vol. 36, 1984, pp. 332-338.
-9-some problems need to be overcome through the cooperation. Some universities
in Asia have opened degree programs, such as LL.B., LL.M., Ph.D., and J.D. programs, to foreign students. If those programs are provided in English, they are
more accessible to foreign students. However, these programs, especially LL.B.
and J.D. programs, are generally taught in the national language of the country
in which the university is located, except for programs at universities such as inSingapore and Hong Kong, which are generally provided in English. This meansthat foreign candidates must learn that national language (a foreign language forthe foreign students) to pass entrance examinations and to pursue many of these
programs.
National languages are worth learning for students and researchers to understand the characteristics of the legal systems of foreign countries deeply, but ittakes time for foreigners to master the foreign language enough to take the same
course as the national students. To reduce this language gap, some universities
provide degree programs, such as LL.M. and Ph.D. programs, in English. However, problems remain, including the limited number of students who can secure
the time and money necessary to complete these degree programs.
Keio University Law School (hereinafter abbreviated KLS) launched its
LL.M. program in April 2017, in which all the courses are taught in English.8
As of now, around thirty students who passed the entrance examination, whichis conducted twice a year by document review, have enrolled and studied in thisprogram.9 Students who want to learn Japanese have the opportunity to take Japanese classes provided by the Center for Japanese Studies.10
A program to acquire two degrees related to law, which is called “Double
Degree program”, may also be fruitful to realizing the advantages of studying
law abroad in Asian countries. KLS has a formal Double Degree arrangementwith the University of Washington School of Law in Seattle, U.S.A. (hereafter8

See the Course Catalogues at the end of this volume.

9

For the basic information on the KLS-LL.M. Program, see < http://www.ls.keio.ac.jp/en/llm/>.

10

For the Japanese courses, see <http://www.cjs.keio.ac.jp/?page=&lang=en>.
- 10 -

WHY IS IT WORTH CHALLENGING FOR STUDYING LAW ABROAD IN THE ASIAN REGION?

abbreviated as UWL),11 under which students will be able to obtain LL.M. degrees from both schools. A student will pay KLS tuition fees during their timeat Keio and UWL tuition fees during their time at UWL. A typical KLS student
might enroll at KLS for the spring term from April through July, and then study
at UWL from September through March (Autumn and Winter quarters), and thenenroll again at KLS for the spring term after returning from UWL. The Double
Degree program at UWL may allow some students to qualify to sit for a U.S.
state bar examination, although the details will vary by individual depending on
education content, timing of the degree, and practical experience.12
Other Double Degree programs may be added. In the future, if a mutual
agreement for the dual degree program is concluded, for instance, between KLS
and Hanoi Law University in Vietnam (hereinafter abbreviated as HLU), a student who enrolled in the program could take KLS courses in the first semester,which starts in April and ends in July, then move to the LL.M. course at HLU
and take courses for one year, from August through next June, to study Vietnamese laws and development, and then return to KLS to complete the final semester
from September to March of the next year. The candidate may be able to finish
all the courses within two years and obtain Master’s Degrees in Law from HLU
and KLS. This aims to serve as an academic passport for graduates who would
like to work in the globalizing Asian market or apply for employment in international organizations.

2.2 Non-Degree Programs
Non-degree programs provided in English and for shorter terms with smaller fees can be flexibly arranged for foreign students and researchers who want
to study foreign law. The terms may be 6 months (one semester), 3 months, 1
11

UWL currently offers LL.M. degrees in categories such as Asian & Comparative Law,

Global Business, Health Law, Intellectual Property, Sustainable International Development,
Tax, and General Law. See <https://www.law.uw.edu/academics/llm/>.
12

For more details, see <http://www.ls.keio.ac.jp/en/Double%20Degree%20Fact%20

Sheet%20and%20Schedule%2020171227.pdf>.
- 11 -

month, or 2 weeks in accordance with the purpose and content of the program.
In these programs, topic-oriented courses may be arranged to meet the needs ofstudents and researchers. Credits may be awarded to students who meet the requirements of the host university.
These programs may be jointly provided by participant universities whichshare the common interest in the challenge of providing them. As an example ofone of these programs, KLS has conducted joint programs as part of the Programfor Asian Global Legal Professions (PAGLEP). In March 2017, KLS carried out
externship programs in collaboration with the Vietnam National University of
Economics and Law in Ho Chi Minh (hereinafter abbreviated as UEL) and Pannasastra University of Cambodia Faculty of Law and Public Affairs (hereinafter
abbreviated as PUC-FLPA). In the UEL/KLS externship program, Japanese J.D.
students visited UEL and participated in special lectures on current legal issues
in Vietnamese law13 and Japanese law14 with Vietnamese students at UEL. They
also made joint presentations on a solution for a common issue by applying Vietnamese law and Japanese law and discussed the similarities and differencesof the solutions and their reasons.15 In the PUC-FLPA/KLS externship program,
Japanese J.D. students and Cambodian students took special lectures on current
legal issues in Cambodian law16 and Japanese law17 at PUC-FLPA. Then, they
made presentations and had discussions similar to those at UEL.18 In September
2017, a similar externship program was conducted by KLS at Tammasat Uni-

13

On the Vietnamese laws of international trade.

14

On the Japanese case laws of mergers and acquisitions, and those of tort liability of super-visors of a person who has a limited mental capacity.
15

See Hiroshi Matsuo and Hitomi Fukasawa, “From Law Classrooms in Asian Universities:

Short Report on the Collaboration Program in Vietnam and Cambodia,” in: KEIGLAD (ed.),Comparative Legal Education from Asian Perspective, Program for Asian Global Legal Professions Series I, Keio University Press, 2017, pp. 157-164.
16

On the Cambodian law and practice of intellectual property.

17

On the Japanese case laws of mergers and acquisitions, and those of tort liability of super-visors for a person who has a limited mental capacity (the same as provided at UEL).
18

See Matsuo and Fukasawa (note 15 above), pp. 164-167.
- 12 -

WHY IS IT WORTH CHALLENGING FOR STUDYING LAW ABROAD IN THE ASIAN REGION?

versity in Thailand (hereinafter abbreviated as TUL), which consisted of special
lectures on current issues in Thai law and Japanese law, class observations, andstudents’ presentations on a common issue.
In August 2017, KLS also organized and conducted the PAGLEP Summer
Seminar, in which LL.M. students and lecturers from HLU, UEL, PUC-FLPA,
TUL, National University of Laos Faculty of Law and Political Science (hereinafter abbreviated as NUOL-FLP), and Yangon University Faculty of Law (hereinafter abbreviated as YUL) participated with KLS J.D. and LL.M. students.
This program included lectures on International Trade Law and WTO Law, Current Issues in Japanese Law (public law and private law), Court Observation,19 aWorkshop on International Trade, and Presentations on Common Topic.20
The Externship Programs and the Summer Seminar Program mentioned
above were conducted as trials to discover the benefits and challenges of joint
programs established through collaborations among Asian universities. We havefound that the focus of legal education and its pedagogical method depends on
the social needs for and basic conditions of legal education, which are influenced
by economic and political circumstances. Therefore, we can talk about neither
the best teaching methods nor the best learning styles apart from the specificcontexts of each country’s development situation. At the same time, we have also
confirmed that there is ample room to improve the pedagogical method of legal
education by exchanging ideas through collaboration programs, which will also
influence the function of legal system and the conditions for economic and political development. However, we still face problems in the promotion of collaboration programs.

19

Court Observation was conducted at Yokohama District Court. I thank Mr. Shigeyuki

Fukasawa, Judge at Yokohama District Court, for his special lecture and favors provided
during our visit.
20

The Common Topic was concerning the solution of the conflict due to impossibility of per-formance of contractual obligation.
- 13 -

3. Obstacles to Studying Law Abroad in the Asian Region
3.1 Differences in Legal Education Systems
Even though more trials of collaboration programs are being conducted, weface various problems to improve the international exchange programs further.
The most serious obstacles experienced by exchange students include differencesin legal education systems, language barriers, obtaining scholarships, and securing affordable accommodations. We need to examine candidly these problems
from the perspective of students, teachers, and administrative staff respectively
to clarify the reality of these problems.
The obstacles concerning legal education systems include the differences inrequired standards for admission, curricula, semester terms in university calendar, teaching methods, studying styles, grading systems, and requirements for
obtaining degree. These differences may sometimes cause foreign students tobecome overwhelmed.
The difference in the duration and the start and the end of semesters may
create gaps between the end of a term at the home university and the start of theterm at a foreign university.21 The semester terms are fixed traditionally in eachcountry, influenced by the fiscal year of government organizations and companies, and will be difficult to unify.
The differences in assessment between the grading systems may also be a
problem. For example, KLS adopts the grading style such that an “S” grade with
4.0 grade points is given to the top 15% of students in each class, an “A” with 3.0
grade points is given to the next 25%, a “B” with 2.0 grade points is given to thenext 40%, and a “C” with 1.0 grade points is given to the next 20%, and a “D”
is given to the students who fail the class. Students who obtain an S, A, B, or C
pass the class and are given credit points (different from grade points) depending
the content and duration of the class. If a class is 15-week course with 90 minutes

21

See “Material: Duration of the Semester,” in: KEIGLAD (ed.), op. cit. (note 11 above), pp.

176-177.
- 14 -

WHY IS IT WORTH CHALLENGING FOR STUDYING LAW ABROAD IN THE ASIAN REGION?

per week, a student is given 2 credit points for passing the class. If it is an 8-weekcourse with 90 minutes per week, a student is given 1 credit point for passing theclass.22 Credit points are given to students who pass the class in accordance with
the number of 90-minute units. To graduate, the J.D. students need to obtain noless than 100 credit points (69 credit points for compulsory subjects and morethan 31 credit points from elective subjects) and a no less than 1.5 grade point
average (GPA). For the LL.M. students, no less than 36 credit points and a noless than 1.5 GPA is necessary to complete the course. However, the assessment
method for grading differs from university to university even within the Asian
region. In some universities, the evaluation method seems to be more structured
and objectively opened to students in advance than others. The difference in thegrade point system and the credit point system may disturb the transfer of credit
points from one university to another, and the recognition of grade points issued
by one university may not be equally evaluated by another university.23
To promote the exchange of students and to provide them with tuition fees
exemption and recognition of credit points transfer, it usually is necessary foruniversities to conclude a Memorandum of Agreement for Mutual Exchange andCooperation (hereafter abbreviated as MOA). However, the procedure and therequirements for MOAs differ widely among universities. In some universities,
22

Some classes may be held twice or more in one week intensively, and in this case the credit

points are given in accordance with the number of 90-minute units. For externship programs withthe duration of more than 8 days, 1 credit point may be given to students who complete them.
23

For the further promotion of the international transfer of credit points, the Ministry of

Education, Culture, Sports, Science and Technology in Japan drafted “ASEAN Plus Three
Guidelines on Transcripts and Supplemental Documents for Academic Record of Exchange
Students” (as of October 27, 2017). It includes the recommended information and descriptionof transcripts and supplemental documents, the conversion table for the credit transfer system between Asian Credit Transfer System by ASEAN University Network [AUN-ACTS],
University Mobility in Asia and the Pacific Credit Transfer [UCTS], European Credit Transfer System [ECTS], Latin American Reference Credit [CLAR], Credit for Accumulation andTransfer Scheme [CATS] by the U.K. system, and credit transfer by the U.S.A. system, andthe sample of transcript for exchange student. See <http://www.mext.go.jp/en/policy/education/highered/title02/detail02/sdetail02/sdetail02/1383529.htm>.
- 15 -

the negotiation is conducted and the decision made by the corresponding faculty,
law school, or university, while in other universities the government’s approvalis necessary in addition to the agreement between the partner universities, and it
is sometimes hard to predicate when the government permission will be granted. Without concluding an MOA, the cooperating universities cannot mutuallyinvite students, register exchange students as regular students, issue certificatesfor completion of courses, or recognize the transfer of credit points and the evaluation of grade points, and consequently, students will face difficulties acquiring
visas.

3.2 Language Barriers
The language barrier is the biggest obstacle for students when they study
abroad, particularly in Asian countries. In Asia, almost all countries have theirown national languages, including Burmese, Thai, Lao, Khmer, Vietnamese,
Malay, Indonesian, Tetum, Filipino, Sinhala, Tamil, Chinese, Korean, and Japanese. Only in Singapore, is English recognized as one of the national languages,
together with Malay, Chinese, and Tamil. Not only the provisions of law, regulations, and court decisions, but also most of the textbooks and other materials are
written in national languages. In those documents, many special terms are used.
In universities, most programs are provided in the national language with few
exceptions. The number of classes, programs, or courses on legal subjects taught
in English are still small.24 As a result, research materials, which are available forforeign students to use in their study of law, are very limited.
Additionally, when students begin to live in foreign country, they are often
required to fill out various applications in that country’s language to registerthemselves at the city office, open bank account, and have a certificate of eligibility issued. Important notices from government offices are usually written in
the national language.

24

For example, see Course Catalogues of the universities participating to the PAGLEP in

MATERIAL at the end of this book.
- 16 -

WHY IS IT WORTH CHALLENGING FOR STUDYING LAW ABROAD IN THE ASIAN REGION?

3.3 Costs and Accommodations
It is costly to study law abroad, especially in big cities. Students must pay
travel expenses, accommodation fees, tuition and registration fees to the university, in addition to insurance fees, and other expenses necessary to live in aforeign country.25
When a university concludes an MOA, which includes the mutual exemption of tuition fees with his/her home university, the student may be exemptedfrom tuition fees if he/she pays them to his/her home university. However, thisagreement is based on mutual exchange, so it will be conditioned on the properbalance of the number of inbound and outbound students.
In the case in which this agreement is not applied, students must pay tuition
fees at the foreign university themselves. In this case, several types of scholarships are provided by government-funded organizations, NGOs, companies, andindividuals, although the amount of funding for scholarship is still limited forstudents who want to study law abroad in Asia.
The difficulty in finding affordable accommodations can be an invisible impediment to studying abroad. Landlords may not want to lease their property toforeign tenants. In some big cities in Asia, it is not easy to find proper accommodations with reasonable rent for foreigners. There may be also customary rules
to pay thanks money and security deposits other than a rent. Accommodation isa serious problem for foreign students, particularly those who need to stay longer
to complete a degree program or take courses that continue for one semester orseveral months. There is some support for foreign students that is provided byuniversities. However, it is not always enough to secure affordable accommodations.

3.4 Inadequate Information
It is crucial for a foreign student who plans to study law abroad to have easy25

See Hitomi Fukasawa, “Logistics for the Implementation of International Exchange Pro-

grams,” this volume, Section 2.1 and 2.2, pp. 128-132.
- 17 -

access to accurate and up-to-date information on the required qualifications,eligibility, and entrance examinations for the university to which he/she would
like to attend, as well as of the concrete content and features of curricula, grading system, degree requirements, availability of exemption of fees, scholarship,accommodation, other possible costs for living in a language that every foreign
student can easily understand. However, not all universities are responsive tothese requests. Sometimes information is fragmented among different divisionsof the university and is not always updated.26

4. Possible Measures to Eliminate Obstacles
4.1 Filling the Gaps in the Legal Education System
Differences in legal education systems, as indicated above (3.1), are not easily unified. Differences in semester terms in the university calendars are difficult
to change because they are sometimes interrelated with other economic and political systems in the countries. However, gaps in semester terms may be utilized
to prepare for the study abroad. For instance, if the university to which a foreign
student wants to go to study law provides certain non-degree programs of, for instance, an introduction to the legal system of that country or a basic course of thenational language of that country it could be useful for the student to complete
those programs before the new semester starts in that foreign university. Thus,
the usage of non-degree programs may flexibly cover the gaps due to the rigidityof semester terms.
Differences in eligibility requirements, curricula, grading systems, anddegree requirements do not need to be unified, but there may be room to rearrange the curricula and grading system to transfer credit points and recognize
grade points between universities. This would be greatly beneficial for students

26

Sunaryati Hartono (ed.), ASEAN Cooperation in Legal Education, the National Law Devel-

opment Agency, Jakarta, Indonesia, 1989, p. 18.
- 18 -

WHY IS IT WORTH CHALLENGING FOR STUDYING LAW ABROAD IN THE ASIAN REGION?

and will facilitate the future exchange of students who will study law in foreign
universities. For instance, it would be worthwhile for law schools in the Asian region to study each other’s curricula and grading systems, rearrange their curricula to adopt the strengths of each university, reasonably restructure the grading
system, and negotiate collaborative programs in which academic credits transfer
and foreign grades are recognized for students who want to become specialists ofAsian legal systems.27 If this adaptation is promoted, the differences in curricula
will no longer be a problem, but will become attractive features of each university. In this sense, differences are important and unique characteristics of each law
school and are the very reason that it is meaningful for foreign students to study
abroad. These students will understand the old Asian saying that once one entersa village, they follow the rules of the village. However, kind guidance for foreign
students to become familiar with the local system is important.
As for the differences in teaching methods and studying styles, teachers andstudents can learn about each other through mutual exchange programs. The
trials of degree programs and non-degree programs for exchange students described above are also a part of the mutual learning experience among partner
universities to improve teaching methods and studying styles further.28

4.2 Overcoming the Language Barrier
The language barrier is an obstacle as well as an advantage for students who
study abroad. The challenge is changing the obstacle into an advantage. Theremay be two steps in this process.
First, it would be effective to increase the programs and the materials available in a popular language in Asia, such as English, which will guide foreign students to the national legal systems of a country dynamically developing throughglobalization.29
27

The ASEAN University Network (AUN) will enhance mutual collaboration among univer-sities in ASEAN, China, Korea, and Japan, see <http://www.aunsec.org/index.php>.
28

See 2.1 and 2.2 above.

29

Within the framework of the PAGLEP, the Meeting on the Common Material for Legal Ed- 19 -Second, there seems to be an ample room to create programs and materials
for students to learn the foreign language using legal materials, in which the basic terms and sentences in that foreign language can be translated into English.
However, this is a long term project that can only be promoted step-by-step.
A tutoring system may also be effective in assisting foreign students in their
daily lives. Tutors can be recruited from the host university. They can guide foreign students to government offices, bank, and other places, and provide consultation for both academic and non-academic matters.

4.3 Mitigating Cost and Accommodation Problems
The conclusion of an MOA, which includes the mutual exemption of tuition
fees, is the first priority in mitigating the cost of studying abroad. Then, thesources of scholarships may be expanded from government organizations, international institutions, private foundations, and NGOs to include companies thathave special relationships with the Asian region. Those private companies havea good reason to invest in the development of human resources who can take aleadership role in solving conflicts that occur in the globalizing Asian market.
As for accommodations, if there are not enough university dormitories forforeign students, then private apartment houses should be found that are available for foreign students. To secure lodging for foreign students, it is important foruniversities to maintain contact with landlords who can provide accommodation.
It will enrich the information available for accommodation and relieve foreign
students of the challenge in securing their accommodations before they moveabroad.30

4.4 ‌Facilitating Information Exchange and Smooth Communication
The up-to-date provision of precise information about eligibility require-ucation is held on January 12 and 13, 2018 at KLS for this purpose.
30

See Fukasawa, op. cit. (note 25), Section 2.1, pp. 128-131.
- 20 -

WHY IS IT WORTH CHALLENGING FOR STUDYING LAW ABROAD IN THE ASIAN REGION?

ments, curricula, grading systems, degree requirements, tuition fees, accommodations, and other costs as well as the advantageous benefits of studying law ateach university is important for recruiting students. This information should not
be fragmented among different sources, but concentrated in one site to provide a
one-stop service for foreign students. It is also worth placing the tutors as consultation staffs for foreign students. The collaborating law schools may negotiate acommon format for the provision of important information about the study of law
for foreign students. The free flow of information and smooth communication
with foreign law schools should lead to the construction of a common market for
legal education where students can enjoy shopping for individual courses, a setof non-degree programs, or a degree program that fit their needs at a reasonable
cost in order to improve their abilities as legal professionals in the globalizing
Asian market.

5. Constructing a Common Market among Law Schools toward
the Globalization of Legal Education
The construction of a common market for legal education in the Asian regionis only the starting point for further development toward the globalization oflegal education. However, what does the globalization of legal education mean?
Will it mean to empower students to conduct business across borders and cultures? Will it mean to enable students to meet clients’ needs to compete in globalized economy? Or, will it mean to help law schools become global centers forlegal research and learning? Seeking for the true meaning of the globalizationof legal education cannot stop there. The significance of facilitating students’opportunities to study law abroad in Asian law schools is not limited to the economic and regional aspects but may create more comprehensive structure to foster legal professionals who can take initiatives to realize the global interest.
The study of law abroad in the Asian region will provide students with the
key to deeper fields of legal transactions where they will be able to play an active- 21 -

role in solving difficult issues––including business conflicts, international security issues, environmental issues, and human rights issues––not from the narrow
scope of their national interest, but from a broader perspective that will contribute to the sustainable development of the world. It will lead to the globalizationof legal education in its true sense.
For that purpose, however, the most important thing to do now is to makemore attractive programs for domestic and foreign students through the continued exchange of students among collaborating law schools.

- 22 -

COUNTRY REPORTS

Chapter 1

THE IMPLEMENTATION OF STUDENTEXCHANGE PROGRAMS:
Some Issues from the Hanoi Law University Perspective

Nguyen Van Quang*(Hanoi Law University)

1. The Context: Internationalisation and International
Collaboration at Hanoi Law University
In the current globalisation context, internationalisation has become an apparent trend in the development strategies of many universities in the world.1 Despite having some negative impacts, university internationalisation brings many
benefits for the development of universities among which “more internationallyoriented staff/students and improved academic quality” is of significant importance.2 In such context, Vietnamese universities cannot go against the common* Ph.D. Associate Professor of Law, Hanoi Law University, Vietnam. Many thanks to Anne
Nguyen, a student of Barnard College, Columbia University, US for her English language
editing. All errors remaining in this paper are mine.
1

See Rui Yang, University internationalization: its meanings, rationales and implications,Intercultural Education, Vol. 13, No.1, 2002, pp 81-95, available at http://firgoa.usc.es/drupal/
files/internationalisation.pdf (last accessed on November 25, 2017); Ross Hudson, Why universities want to internationalise; what stops them, available at https://www.britishcouncil.
org/voices-magazine/why-universities-want-to-internationalise-what-stops-them (last accessed on November 25, 2017).
2

See Jane Knight, Internationalisation brings important benefits as well as risks, Interna- 25 -

trend of internationalisation. The efforts of Vietnam to internationalise higher
education have been reflected in several policies, projects and programs initiatedby the Government, the Ministry of Education and Training (MOET), related
Ministries and industries and other stakeholders.3 It is evident that in Vietnam
much investment has been put in several key elements of higher education institutions including faculty/staff members, students, curriculum/textbooks and academic quality assurance. In fact, to a certain extent, some Vietnamese universities have made impressive progresses towards university internationalisation.4
Obviously, international collaboration plays a key role in promoting university internationalisation. The more active in international collaboration a university is, the better opportunities it has towards its internationalisation goal. To
evaluate how well a university conduct its international collaboration activities,
in Vietnam, we normally take into consideration several criteria including: (i)the number of its international academic partners; (ii) the degree of participation of international faculty members in its teaching and research activities; (iii)the degree of participation of its faculty members in international teaching andresearch activities; (iv) the number of its students participating in international
student exchange programs; and the number of international students studying at
the university.
Given the above-mentioned criteria, the degree of being active in interna-

tional Higher Education, Vol 46, Winter 2007, available at https://ejournals.bc.edu/ojs/index.
php/ihe/article/view/7939/7090 (last accessed on November 25, 2017).
3

See Pham Hiep, Quốc tế hóa giáo dục đại học ở Việt Nam, những nỗ lực từ trên xuống

[Internationalising higher education in Vietnam – the top-down efforts], available at http://
giaoduc.net.vn/Giao-duc-24h/Quoc-te-hoa-giao-duc-dai-hoc-Viet-Nam-nhung-no-luc-tutren-xuong-post165489.gd (last accessed on November 25, 2017).
4

They are the Vietnam National University (Ha Noi), the Vietnam National University (HoChi Minh City), FPT University, Duy Tan University and Ton Duc Thang University. For
more details, see Pham Hiep, Quốc tế hóa giáo dục đại học, nhìn từ các đại học hàng đầuViệt Nam [Internationalising higher education seen from the leading universities of Vietnam], available at http://giaoduc.net.vn/Giao-duc-24h/Quoc-te-hoa-dai-hoc-nhin-tu-cac-daihoc-hang-dau-Viet-Nam-post165492.gd (last accessed on November 25, 2017).
- 26 -

THE IMPLEMENTATION OF STUDENT EXCHANGE PROGRAMS

tional collaboration of Vietnamese universities varies greatly, depending on
specific circumstances and conditions of each university. This is also the case forVietnamese law schools. While the more experienced law schools have actively
designed and implemented various international collaboration programs, several limitations in this practice can be identified in the younger ones. Pursuing
the goal of being one of the two key national law schools training legal humanresource by 2020 with the great support of the Government of Vietnam,5 Hanoi
Law University has proved to be a pioneering Vietnamese law school in promoting international collaboration.
First, Hanoi Law University has successfully completed a number of collaboration projects funded by international donors, greatly contributing to the infrastructure development and the enhancement of its academic and management
capabilities. Notable examples of those projects include: (i) “Retraining Legal
Officials for the Government of Vietnam”, funded by Asia Development Bank
(ADB) (from 1998 to 2001)6; (ii) “Strengthening Legal Education in Vietnam”
sponsored by the Swedish Government through the Swedish International Development Cooperation Agency (SIDA) (from 1998 to 2012)7; and (iii)”Strenthening
Capacity in International Trade Law through Training and Research for Universities, Government Agencies, Legal Practitioners and Businesses in Vietnam”
with EU as the sponsor and EU-VIETNAM MUTRAP III (Vietnam’s Ministry5

See Decision 549/QĐ-TTg of Prime Minister of Vietnam dated on April 4th, 2013 on ap-

proval of the Comprehensive Project on Promoting Hanoi Law University and Ho Chi Minh
City University of Law as Key Law Schools Training Legal Human Resource.
6

Under this Project over 1000 legal officials were re-trained by Hanoi Law University’s

teaching staff by the end of 2001. Thanks to the Project, not only the practice skills of thelegal officials were improved, but the academic capacity of Hanoi Law University’s teaching
staff was also much enhanced.
7

The Project mainly aimed at improving the curriculum and teaching methods of Hanoi Law

University to be corresponding with legal education in the rule of law context, enhancing
law training and research capabilities by improving staff’s professional competencies andreinforcing the information and library system of the University.
- 27 -

of Industry and Trade) as the governing body (from 2009 to 2012).8
Second, Hanoi Law University has paid close attention to fostering partnerships with many top-notch law schools in Asia, Oceania, Europe and North
America.9 The University makes considerable efforts to implement the partnership agreements under a range of specific activities such as co-organising conferences/workshops, co-conducting research, joint teaching programs, student
and staff mobility and exchange of academic materials and publications. Suchinternational collaboration activities have brought many positive impacts on thecapacity building of Hanoi Law University towards the goal of university internationalisation.
Third, Hanoi Law University, as one of the very few law schools of Vietnam,
has in its structure the foreign law reseach and education centres supported by theinternational donors and the University itself. Nagoya University Reseach and Education Centre for Japanese Law operated under the support of the Government ofJapan and the Government of Vietnam has smoothly run on the campus of Hanoi
Law University since 2007. Coures in Japanese language and Japanese law aretaught by several lecturers from Nagoya University who work full-time at Hanoi
Law University. Similarly, thanks to the support of some German institutions
such as Friedrich Ebert Stiftung (FES) and German Academic Exchange Service(DAAD) and some other German Universities, German Law Centre at Hanoi Law
Univesity was established in 2010. In the Centre, some German professors together with their Vietnamese colleagues currently teach German language, German
and European law in English and German and conduct research works.
Fourth, Hanoi Law University has recently reformed its curriculum, meeting

8

Thanks to this Project, much improvement in curriculum development, teaching methods,

textbook development and research works regarding international trade law has been evidenced at Hanoi Law University.
9

Currently, Hanoi Law University collaborates with about 30 foreign law school partners.

The list of current partner law schools of Hanoi Law University is available at http://hlu.edu.
vn/News/Details/16490 (last accessed on November 25, 2017). See Appendix 1 of this paper
for further details.
- 28 -

THE IMPLEMENTATION OF STUDENT EXCHANGE PROGRAMS

the context of international integration. Upon the reform, besides the substantive
content, the critical inclusion of several courses taught in English into the curriculum is also worth noting.10 A new LLB in international trade and businesslaw under which some courses are taught in English by foreign guest lecturers
and the teaching staff of Hanoi Law University has been offered since 2012.11
The University also designs a special program attracting “high quality” students
and it is expected that 20% of the program courses are taught in English by thefaculty of Hanoi Law University. Besides law programs, Hanoi Law University
is beginning to diversify its curriculum by adding a BA in English language withlegal English specialty to its curriculum. More interestingly, a short course titled“Introduction to the Vietnamese Legal System” taught in English by Hanoi Law
University’s lecturers for international students has been introduced. The course
offers a brief introduction to the main areas of Vietnamse laws together with opportunities to observe real procedures of Vietnamese local courts or law firms,
attracting more and more international students.12
Undeniably, Hanoi Law University has made great efforts to promote international collaboration towards to the goal of university internationalisation. The
question of how far the international collaboration activities of Hanoi Law University have been effectively running, however, still remains. In particular, given
the fact that the number of foreign partners of Hanoi Law University has been
increasing, whether its student exchange programs are well implemented. Section 2 below closely examines the current practice of student exchange programs
at Hanoi Law University and explains why the University needs to put further
10

For LLB curriculum of Hanoi Law University, see http://hlu.edu.vn/News/Details/16483(last accessed on November 25, 2017).
11

For LLB in international trade law curriculum of Hanoi Law University, see http://pltmqt.

hlu.edu.vn/Images/Post/files/Khoa%20PLTMQT/Curriculum-Major%20in%20ITBL-HLUSep%202011-English.pdf (last accessed on November 25, 2017).
12

For examples, in 2016, 07 students of the University of San Francisco (US), 05 students of

the University of New Castle (Australia) and 10 students of Waikato University (New Zealand) came to take this course at Hanoi Law University; in 2017, 04 students of the University of San Francisco (US) and 10 students of Waikato University attended the course.
- 29 -

efforts into the implementation of these programs.

2. Student Exchange Programs at Hanoi Law University: the Fact
In the context of higher education, a student exchange program normallyrefers to one under which students from a home university go to study at a host
university for a semester (or a full academic year) without paying tution fees tothe host university and all credits accumulated by the home students at the host
university are recognised by the home university. Much has been discussed about
the benefits of student exchange programs in general and this paper does notintend to repeat them.13 Among about 30 current foreign law school partners ofHanoi Law University, those which are active in student exchange programs arevery few and the number of students of these programs is still modest.14 Below
are some examples.
The Faculty of Law at the National University of Singapore is the first partner law school with whom Hanoi Law University has had a student exchange
program. Since 2008, the Faculty of Law at the National University of Singapore
has annually received 1 student from Hanoi Law University for the one-semester
exchange program. Hanoi Law University, however, has not yet received any
students from the National University of Singapore for such programs. Similarly,
the National University of Taiwan is an active partner of student exchange with
Hanoi Law University and since 2012 it has annually received 2 or 3 students
from Hanoi Law University for the one-sesmeter exchange program. In the case13

For a brief discussion of the benefits of student exchange programs, see for example, The

outcomes of outbound student mobility available at http://aimoverseas.com.au/wp-content/
uploads/2013/08/UAAsiaBoundOutcomesResearch-Final.pdf (last accessed on November 25,2017).
14

The statistical data shown in this section are extracted from the Reports of the Interna-

tional Cooperation of Hanoi Law University (those Reports are on file with the author). See
Appendix 2 and Appendix 3 of this paper for further details.
- 30 -

THE IMPLEMENTATION OF STUDENT EXCHANGE PROGRAMSof Nagoya University in Japan, thanks to the support of the Ministry of Education, Culture, Sports, Science and Technology (MEXT) of Japan, from 2013 to2017, 3 students from Hanoi Law University went to Nagoya University for the
one-sesmeter exchange program and Hanoi Law University also received 2 students from Nagoya University for the similar study program. Especially, Akron
Law School (Ohio, United States of America) is the first American partner withwhom Hanoi Law University has launched the one-sesmester student exchange
program and 2 students of Hanoi Law University were sent to Akron Law
Schoon in 2017.
Besides one-semester exchange programs, based on bilateral agreements,
Hanoi Law University and its partners also exchange students on a short-termbasis ranging from one to four weeks. Under the agreement between Hanoi Law
University and Nagoya University, from 2013 to 2017, Nagoya University sent
10 students to Hanoi Law University for a one-week exchange program andNagoya University also received 6 students from Hanoi Law University for athree-week exchange program. In collaboration with the University of Applied
Sciences (HTW), Berlin, Germany, Hanoi Law University applies a different
form of student exchange thanks to the support of German sponsors (Friedrich
Ebert Stiftung - FES and German Academic Exchange Service -DAAD). Since
2012, HTW and Hanoi Law University have annually organised a 10-day summer or sping school in Vietnam for about 20 students of both Universities. Thesesummer or spring schools, entirely taught in English by German and Vietnamese
professors, focus on specific topics relating to human rights and civil rights.
In comparision with other law schools in Vietnam, what Hanoi Law University has done for its student exchange programs is worth being commendable.
However, given the fact that Hanoi Law University has a significant number offoreign university partners, the limitations of its student exchange programs havebecome the common concern of many people. There are several reasons why the
implementation of student exchange programs at Hanoi Law University is still
limited.
First, it is noted that student exchange programs, by nature, are mutually ben- 31 -

eficial to the home and host universities. This means that once student exchange
programs are launched, partner universities always try their best to balance
inbound and outbound students. In the case of Hanoi Law University, while thenumber of outbound students has been increasing, it is expected that Hanoi Law
University should have more inbound students. This practice is largely due tothe University’s limited capacity to deliver courses taught in English. AlthoughHanoi Law University has made significant efforts to design courses taught inEnglish, international students have only limited opportunities to choose relevant courses for their exchange programs at Hanoi Law University. In the current
LLB curriculum of Hanoi Law University, only 10 elective modules taught inEnglish are offered.15 The situation is even worse for post-graduate students as
no courses taught in English are availabe in LLM and PhD programs at Hanoi
Law University. In addition, due to the lack of resources, the modules taught inEnglish are not always available throughout the academic year. Above all, Hanoi
Law University faces many difficulties in developing and teaching courses inEnglish. For lecturers whose English is not their first language or who have notexperienced studying abroad with English as the language of instruction, teaching an entire course in English is not an easy task. Unfortunately, the majority oflecturers of Hanoi Law University falls within the above-mentioned category.16
In addition, Hanoi Law University is not really active in faculty exchange programs due to costs and logistics barriers and thus its lecturers do not have many
opportunities to share their experiences teaching courses in English with theirinternational colleagues. This practice, associated with the lack of materials especially those relating to Vietnamese law available in English, makes teaching
coures in English at Hanoi Law University more challenging.
Second, the barrier of financial difficulties also causes some problems for15

See the current LLB curriculum of Hanoi Law University at http://hlu.edu.vn/News/De-

tails/16483 (last accessed on November 25, 2017) for some details of 10 modules taught inEnglish which are currently offered in the LLB program at Hanoi Law University.
16

Statistically, there are about 20 lecturers (out of more than 300 lecturers) of Hanoi Law

University who are able to give lectures in English on certain subject matters.
- 32 -

THE IMPLEMENTATION OF STUDENT EXCHANGE PROGRAMS

implementing student exchange programs at Hanoi Law University. Althoughmost partner universities generously exempt tuition and fees for students of Hanoi Law University under the student exchange programs, expensive travel fares
and high living costs in delevopled countries like Australia, Singapore, Japan orUnited States cannot be easily overcome. This is quite understandable considering Vietnam is one of the lower middle-income countries. In practice, cases
where students who qualify for student exchange but cannot afford the expenses
so they have to withdraw from the program are not rare at Hanoi Law University.17
Third, studying one or two sesmesters in foreign law schools, especially incountries whose legal tradition is different from that of Vietnam, is quite challenging for many students of Hanoi Law University. Not only does the English
language, but also the study load and the differences in learning, teaching andresearch cultures cause several problems for students of Hanoi Law University
in student exchange programs. For instance, in a recent interview with some students who experienced a semester at the Faculty of Law of the National University of Singapore, the following difficulties that Hanoi Law University’s students
faced were drawn: (i) English as the language of instruction; (ii) heavy study
load, especially the reading requirements; (iii) studying case law; (iv) active
participation in class; and (v) criteria for assessment, especially for writing tasks.
While we expect that students of Hanoi Law University should learn to deal withthese difficulties, to a certain exent, they also discourage students of Hanoi Law
University from participating in student exchange programs.
Fourth, apart from the limitations above, the differences in semester dates
among partner universities may also negatively affect the decision to join stu-17

On average, a student in Vietnam spends about VND 2,500,000 – 3,000,000 (roughly

USD 100 – 120) per month for food, accommodation, travel and miscellaneous items which
is far below the living cost in developed countries such as UK, US, Australia and Germany(see: Chi phí của sinh viên đại học [Expenses for university students] available at https://thanhnien.vn/giao-duc/chi-phi-cua-mot-sinh-vien-hoc-dai-hoc-191658.html (last accessed at
November 25, 2017).
- 33 -

dent exchange programs of students of Hanoi Law University. In some cases, if
students decide to participate in a one-semester student exchange program, theynormally would miss the next semester at their home university after comingback from the host university due the differences mentioned above. For instance,
while semester one of Hanoi Law University starts in the middle of August,
Nagoya University in Japan begins its sesmeter one in early October.18 The exchange students of Hanoi Law University at Nagoya University usually finish
their semester one in March when their semester two at Hanoi Law University
has been running for at least two months. As a result, students who enroll instudent exchange programs with Nagoya University normally complete their programs at Hanoi Law University few months behind the scheduled time.
The above analysis has clearly shown that the implementation of student
exchange programs at Hanoi Law University needs several improvements forthe purposes of university internationalisation. The question of how student exchange programs at Hanoi Law University should be improved and promoted becomes more critical in the context that significant achievements have been madetowards the process of regional integration in the ASEAN countries. Section 3
below offers some suggestions of how to promote student exchange programs at
Hanoi Law University given the current context of ASEAN intergration.

3. How to Promote Student Exchange Programs at Hanoi Law
University in the Context of ASEAN Integration: Some Suggestions
The Association of South East Asian Nations (ASEAN) was estalished on
August 8, 1967 and since its birth ASEAN has continously developed.19 The
18

For the academic calendar of Nagoya University see http://en.nagoyau.ac.jp/academics/

campus_life/calendar/index.html (last accessed on November 25, 2017).
19

Currently, ASEAN has 11 official state members and Vietnam became an official memberof ASEAN on July 28, 1995. For more details, see: http://asean.org/asean/about-asean/ (lastaccessed on November 25, 2017).
- 34 -

THE IMPLEMENTATION OF STUDENT EXCHANGE PROGRAMS

Cebu Declaration on the Acceleration of the Establishment of an ASEAN Community by 2015 signed in Cebu, the Philippines on January 13, 2007 marked an
impressive development of ASEAN. In practice, the ASEAN Economic Community (or AEC) – one of the three pilars of the ASEAN Community was officiallylaunched on December 31, 2015 and it is expected that the other two pillars of
the ASEAN Community - ASEAN Political -Security Community and ASEAN
Socio-cultural Community will be launched by 2020.20 AEC has set out many
important goals - one of which is to create a single market and production basethrough free flow of goods, services, investment, skilled labour and free flow ofcapital,21 and of course, legal services, investment and skilled lawyers are notexceptional. For legal education, what has been implied from free flow of ‘services, investment, skilled labour’ is that in the near future, law graduates of any
law school of an ASEAN member state (for example, Thammasat Law School in
Bangkok, Thailand) are allowed to practise law in other member states (for example, Vietnam or Singapore) and vice versa.
In such context, legal education in the ASEAN region must serve to enhance
the human capacity of the legal sector for ASEAN integration. Generally speaking, for ASEAN integration, it is expected that ASEAN lawyers must understandthe process of regional integration and have the necessary knowledge and skills
to facilitate the process. For this purpose, among many key issues, law schools
in the region including Hanoi Law University must pay attention to student andstaff mobility.
To promote student exchange programs among law schools in the region,
we are of the opinion that despite the efforts of individual law schools, an international network to facilitate the collaboration among law schools in the region
should be developed. For the case of Hanoi Law University, it has become an
active member of Asian Law Institute (ASLI) – a network of law schools in
20

For more details, see http://asean.org/asean-economic-community/ (last accessed on No-

vember 25, 2017).
21

For more details, see http://www.asean.org/wp-content/uploads/images/2015/November/aec-page/AEC-Blueprint-2025-FINAL.pdf (last accessed on November 22, 2017).
- 35 -

Asia and law schools in other regions which are interested in Asian law teaching and research since 2007.22 In practice, Hanoi Law University takes part in arange of ASLI activities such as participation in ASLI annual conferences andother workshops and forums held by ASLI or nominating faculty members for
ASLI research fellowship. ASLI, however, is not exclusive to law schools in the
ASEAN region as it now has about 80 law schools in the world as its members.23
ASLI, therefore, cannot focus on the issues of law schools in the ASEAN region
and a similar network (Association of ASEAN Law Schools, for example) to facilitate the collaboration of ASEAN Law Schools should be soon established.24
First of all, such a network may help deal with several academic issues topromote student exchange programs, which noticeably are curriculum development and lecturer capacity building. As noted in the case of Hanoi Law University, the difficulties in developing and delivering courses taught in English caused
several problems for implementing student exchange programs. Under the
network, the member law schools will be able to collaborate with each other bysharing experiences and resources to overcome the above-mentioned problems.
With regard to the question of what courses taught in English should be included into the curriculum to support student exchange programs, it is suggested
that the following courses should be offered by the law schools in the region including Hanoi Law University:(i) Some courses which feature local laws and legal cultures: These courses
offer exchange students some basic understandings of the law and legal cultureof the host country in the region, enlarging their knowledge of the various legal
systems in ASEAN. The course entitled “Introduction to the Vietnamese Legal

22

For more details, see: https://law.nus.edu.sg/asli/members.html (last accessed on November

21, 2017).
23

List of ASLI member is available at https://law.nus.edu.sg/asli/member_institutions.aspx(last accessed on November 25, 2017).
24

Collaboration in legal education was also discussed by R.Rajeswaran in “Legal Educationin ASEAN in the 21st Century”, available at https://www.aseanlawassociation.org/9GAdocs/
w2_Malaysia.pdf (last accessed on November 25, 2017).
- 36 -

THE IMPLEMENTATION OF STUDENT EXCHANGE PROGRAMS

System” which is currently offered by Hanoi Law University is an example.
This course covers main topics related to the law and legal culture of Vietnam
together with opportunities to visit different state agencies such as the Office of
the National Assembly, the Supreme People’s Court or the Ministry of Justice, towitness local courts hearing cases and to talk with legal practioners at local law
firms for some understanding of the Vietnamese legal culture.
(ii) Some common international and regional issues related law courses such
as International Trade Law, International Dispute Resolution, ASEAN Community Law, or ASEAN Investment Law: Ideally, these courses should be jointly developed by the law schools in the region under the network and then are included
into their curriculum. By doing so, the experiences and resources to develop anddeliver the courses can be effectively shared among the law schools in the region
and the opportunities for exchange students will certainly be increased.
To effectively teach and study the above-mentioned courses in English,
several technical supports for the law schools in the region are needed. For thecourses of category (i) as mentioned above, an open English database of legal
information of ASEAN countries should be further developed to assist students
and teachers of the courses.25 For the courses of category (ii), the ideas of using
Massive Open Online Courses (MOOCs) and related techniques to develop anddeliver the courses may be considered to attract more students of the law schools
in the region. It is noted that for those technical supports, the law schools in
the region may seek the assistance of other partners outside the network which
already have had experiences and resources to do similar things. In this regard,some partner law schools of Japan like the Faculty of Law, Nagoya University
and the Law School, Keio University which are interested in collaborating with
ASEAN Law Schools should be good suggestions.
For lecturer capacity building, under the network of ASEAN Law Schools,
25

In practice, some information of the Legal Systems in ASEAN is offered by ASEAN Law

Association at http://www.aseanlawassociation.org/legal.html (last accessed on November
25, 2017). The data, especially those related to the legal systems of Vietnam, Cambodia, Myanmar, and Lao PDR, however, are still poor and further improvements are certainly needed.
- 37 -

teaching and research visits of law lecturers in the region should be encouraged
by different incentives of both home and host law schools. Through such visits,
law lecturers have good opportunities to enrich their knowledge of law and society of the host country, to share teaching and research experiences with their
host colleagues and to improve their language skills which are very importantfor delivering courses in English.
Not only the academic matters, the network may also help overcome institutional differences and difficulties facing the law schools in the region and theirstudents during the course of implementing student exchange programs. Within
the network, law schools in the region may enter into bilateral or multilateralagreements to deal with the issues of hamonisation of degree structure, credit
system, quality assurance and other institutional matters, which then help run
smoothly student exchange programs. Collaboration of law schools under the
network may also help seeking financial assistance from different sources to support exchange students and academic staff for teaching and research visits.

4. Conclusion
Hanoi Law University as a leading law school of Vietnam has made its big
efforts to promote international collaboration towards the goal of university internationalisation. In the context of globalisation and international integration,
what Hanoi Law University has done for this mission should be commendable
given the fact that various challenges facing Vietnamese higher education institutions in general and Vietnamese law schools in particular still remain. The
process of globalisation and international integration, however, presents not only
challenges but also many opportunities. Within the region, opportunities for collaboration and promotion of legal education are open to Hanoi Law University
and its partner law schools and the implementation of student exchange programs at Hanoi Law University should be promoted by taking advantage of theseopportunities. Bearing this in mind, it is suggested that a network of the ASEAN- 38 -

THE IMPLEMENTATION OF STUDENT EXCHANGE PROGRAMS

law schools should be developed to assist Hanoi Law University and its partner
law schools in overcoming all related problems, moving forward to the effective
implementation of student exchange programs.
Appendix 1: List of current partners of Hanoi Law University
1

China University of Political Science and Law, China

2

Yunnan University, China

4

Zhongnan University of Law and Economics, Wuhan, China

5

National Taiwan University

6

National Judicial Academy, Lao PDR

7The University of Melbourne, Australia

8

La Trobe University, Australia

9

The University of New South Wales, Australia

10

University of Göttingen, Germany

11

Justus Liebig University Giessen, Germany

12

Berlin University of Applied Sciences (HTW, Berlin), Germany

13

Free University of Berlin, Germany

14

Nagoya University, Japan

15

Keio University, Japan

16

University of Leeds, UK

17

National University of Singapore

18

Akron University, US

19

The All-Russian State University of Justice, Russia

20Saint Petersburg University, Russia

21

The Peoples’ Friendship University of Russia, Russia

22

The Russian Presidential Academy of National Economy and Public Administration
under the President of the Russian Federation

23

Moscow State Institute of International Relations (MGIMO University), Russia

24

Kyungpook University, Korea

25

Yeungnam University, Korea

26

University of Waikato, New Zealand

27

The University of Szeged, Hungary

29

The Institute for Law and Finance , Goethe University Frankfurt am Main, Germany- 39 -

Appendix 2: Outbound and inbound students under the one-semester student
exchange program at Hanoi Law University(2012-2017)
NoHome University

Host University

Year

Number of
students

1

Hanoi Law University

National University of Singapore

2013

01

2

Hanoi Law University

National University of Singapore

2014

01

3

Hanoi Law University

La Trobe University, Australia

2014

01

4

Hanoi Law University

Nagoya University, University

2014

01

5

Nagoya University, Japan

Hanoi Law University

2014

01

6

Hanoi Law University

National University of Taiwan

2014

01
02

7

Hanoi Law University

National University of Taiwan

2015

8

Hanoi Law University

Nagoya University, Japan

2015

01

9

Hanoi Law University

National University of Taiwan

2016

03

10

Hanoi Law University

National University of Singapore

2016

01

11

Hanoi Law University

Nagoya University, Japan

2016

02

12

Nagoya University, Japan

Hanoi Law University

2016

01

13

Hanoi Law University

Keio University, Japan

2017

02

14

Hanoi Law University

Akron University, Ohio, US

2017

02

15

Hanoi Law University

Nagoya University, Japan

2017

01

Appendix 3: Outbound and inbound students under the short-term student
exchange program at Hanoi Law University(2012-2017)
NoHome University

Host University

Year

Number of
students
05

1

Hanoi Law University

Nagoya University, Japan

2012

2

HTW, Berlin, Germany

Hanoi Law University

2012

10

3

MGIMO, Russia

Hanoi Law University

2013

01
07

4

Hanoi Law University

Nagoya University, Japan

2013

5

HTW, Berlin, Germany

Hanoi Law University

2013

10

6

Nagoya University, Japan

Hanoi Law University

2014

05

7

HTW, Berlin, Germany

Hanoi Law University

2014

10

8

Hanoi Law University

Nagoya University, Japan

2014

05
05

9

Nagoya University, Japan

Hanoi Law University

2015

10

HTW, Berlin, Germany

Hanoi Law University

2015

10

11

Hanoi Law University

Nagoya University

2015

06

12

HTW, Berlin, Germany

Hanoi Law University

2016

10

13

Hanoi Law University

Nagoya University

2016

07

14

Nagoya University, Japan

Hanoi Law University

2016

05

15

HTW, Berlin, Germany

Hanoi Law University

2017

10

- 40 -

Chapter 2

EXCHANGE PROGRAMS AS METHOD
OF COMPARATIVE LEGAL STUDY:
UEL’s Experience

Nguyen Ngoc Dien*(University of Economics and Law Hochiminh city — Vietnam)

1. Interest of Comparative Law Study
Improvement of legal vision. Comparative law is developed as part of thelegal curriculum in all law schools nowadays. In this subject, students are invited
to discover the global picture of legal cultures as well as the particularities andoriginalities of some interesting legal concepts developed in other countries.
In the context of globalization, the acquisition of comparative legal knowledge attracts a lot of interest. First of all, it is helpful for students to acknowledge
the panorama of legal systems and how to identify the characteristics of a national legal system from a global perspective . A student that has a solid understanding of comparative law is aware of the diversity of solutions for legal issues whenanalyzing his national law, and is able to improve his or her critical thinking
skills and constructive spirit. A legal expert that possesses rich knowledge of
foreign laws is able to better share information at international conferences andplay an active role in international transactions and services.
Exchange program as means of comparative legal education. There are* Professor and Vice-Rector of University of Economics and Law in HCM city.
- 41 -

two effective ways to study the national laws of another country: invite a legal
expert from the subject country to teach at a local university or go to the subject
country to study.
The first way is suitable for specialized group study in the framework of amaster’s program or higher level study. It is indeed more reasonable, especiallyin terms of cost, and efficient, for specialized study take place in the familiarclassrooms of the home university with lectures given by a visiting professor,
rather than to move the whole class abroad to follow the same lectures given by
the same professor.
The second way is most suitable for interested students at the undergraduate
and graduate levels. An undergraduate student would have the opportunity tolearn many things by participating in foreign classes and consequently being
exposed to different environments. In addition, student staying in the concernedcountry for a reasonable time would have the opportunity to discover the local
culture by way of participating in social and community activities. Social andcultural knowledge that acquired in this practical way would be helpful for thecomprehension of the solutions to legal issues developed by the host nation’slawmakers. A high level student with similar interests, could also acquire knowledge through courses at the host university.

2. Challenges and Solution
Challenges. Studying abroad is ordinarily something expensive and difficult.
It is expensive because student must pay for travel and living costs during his/herstay in foreign country. It is also difficult because the student has to learn to live
in an another country, where almost everything is not familiar to him or her and,thus, he or she has to adapt first for survival, and then to successfully complete
the course of study.
Solution: Development of Exchange Programs. The development of exchange programs on the basis of institutional collaboration between related legal- 42 -EXCHANGE PROGRAMS AS METHOD OF COMPARATIVE LEGAL STUDY

educational institutions is considered to be one of the best ways to ensure theeffectiveness of comparative legal education.
Collaboration will enable better organization of the student’s experience.
Students enrolled in and selected to participate in the exchange program aregrouped and placed under inter-institutional management during their study at
the host university. More particularly, assistance may be provided by the host
university to help foreign students adapt and integrate more rapidly to the hostenvironment and spend a reasonable amount of time and effort on studying.
Mostly, an exchange program allows participating students to move to andlive in host country in group. That better facilitates students’ mutual assistance if
the need arises.

3. Illustration: UEL—Paris 2 Exchange Programme
The UEL- Paris 2 Exchange Programme has been active since 2010. This
program is composed of two wings—the exchange of students and the exchangeof teachers.
3.1 Exchange of Teachers
The exchange of teachers is performed in accordance with the most popularmodel: teachers are invited by the partner university to stay for certain periodof time in the host country to give lectures. Their courses are considered to bepart of the regular training program of the host university. Most of the time, theteacher in charge of the concerned training program at the host university tries todetermine the subject matter to be taught from a comparative point of view andthen sends his request for a visiting professor to the partner university; the latterlaunches a call for candidates and proceeds with selection among the candidates.
Normally, the host university pays the airfare and accommodation of the visiting professor.

- 43 -

3.2 Exchange of Students
The exchange of students is much more remarkable, especially on account of
the diversity of student’s objectives, the particularities of the training program
and teaching methods, the gradual increase in the number of participants, andthe social impact of the program.
Student’s objectives. On the French side, all students participating in theexchange program are motivated by the desire to acquire knowledge of the Vietnamese legal system and culture. However, the individual’s final objective may
not be the same: one student may just be curious to learn; another participant
plans to prepare himself seriously with the scientific knowledge and living experience for his or her future professional life.
On the Vietnamese side, most students participating in the exchange program
are interested in obtaining a foreign academic degree. Such an academic title isexpected to be useful for their future careers.
Development and performance of the training program. Consequently,
the methods of selection for the students participating in the exchange program,the determination of the length of study, and the conception of the training program are not the same from the French and Vietnamese perspectives.
On the French side, the students participating in the exchange program arejunior (third-year) or senior (fourth-year) students. The total number of French
students participating in the program is around thirty per year. The majority ofthese students are seniors. In accordance with the agreement between the two
universities, junior students stay at the host university for the whole academic
year, and senior students only for the first semester of the academic year.
On the Vietnamese side, students participating in the exchange program areseniors or recipients of a bachelor’s degree. They all stay at the host university
for the whole academic year.
As for the training program, the Vietnamese students are enrolled in the relevant degree training program at the host university. They follow courses together
with other students enrolled in the same program, and have to take the subject
examination in accordance with the general regulations. In general, they are to- 44 -

EXCHANGE PROGRAMS AS METHOD OF COMPARATIVE LEGAL STUDY

tally integrated in the students’ community of the host university.
As for French students, the host university organizes special classes, where
they work together with the Vietnamese students who are interested in the same
courses.
For each subject, the training is divided into two parts – lectures given by aprofessor and a presentation of research paper by the students. Concerning lectures, the professor is requested to introduce interesting Vietnamese legal concepts and compare them with the corresponding French legal concepts. Therefore, it is necessary for the teacher have good knowledge of both Vietnamese andFrench law. Where there are remarkable similarities or differences between the
two legal systems, the teacher must provide the necessary explanations, according to dominant doctrine, as well as personal opinion to clarify the comparison.
Concerning the research paper, the students are invited to determine a subject that fits his or her study interests, provided that it is relevant to the courses
he chose in the framework of the training program. The questions raised in
the course of research must be treated from comparative point of view. Aftera presentation is completed in the classroom, classmates are invited to provide
comments or/and raise questions and the speaker has to provide an immediate
response. The teacher appreciates the quality of the research paper as well as its
presentation, and then provides a score that normally accounts for 40% of the
final grade in the concerned subject matter; the remaining 60% is awarded in a
final examination. The students’ records are transferred to the students’ university of origin for validation.
In addition to class attendance, students are involved in cultural and sportif
activities, so that they can have the opportunity experience daily local life.
Impact of the Program. The exchange program developed collaboratively by UEL and Paris 2 over more than ten years has attracted more and moreparticipants. From the Vietnamese perspective, it is one of the most successful
exchange programs. It contributes to the promotion of a Vietnamese university’s
image on international level thanks to the positive foreign students’ feedback.
Vietnamese students, having participated in this program, received a degree- 45 -

from Paris and then returned to Vietnam to be engaged in teaching or legal professional activities. This contributes to the improvement of the quality of legal
education and legal practice in Vietnam.

4. Experience
The success of the UEL-Paris 2 Exchange Programme is the result of bothpartners’ efforts. The key reasons for success are as follows:- Taking serious consideration of students’ needs in the field of comparative
legal study and preparing the program to provide an opportunity for students to satisfy individual study objectives;- Stimulating students’ curiosity to discover the differences between the lawof related jurisdictions;- 0rganizing students’ stay with special care and encouraging students to be
integrated in the host university and life in the host country overall.

- 46 -

Chapter 3

INTERNATIONAL EXCHANGE PROGRAM(S)FOR LEGAL EDUCATION
AT THE FACULTY OF LAW AND PUBLIC AFFAIRSOF PAÑÑĀSĀSTRA UNIVERSITY OF CAMBODIA
Kong Phallack*
Phin Sovath**(Paññāsāstra University)

1. Introduction to Paññāsāstra University of Cambodia
and the Faculty of Law and Public Affairs
Paññāsāstra University of Cambodia (PUC) is a private university established on September 9, 1997. A law program was started in 2002 and is now
known as the Faculty of Law and Public Affairs (FLPA) or the Paññāsāstra Law
School (SALA CHBAB PANNHASASTRA in Khmer). It is a relatively new law
school and has been in operation for almost 15 years. All courses are conducted
in English, but the FLPA has provided some backup courses in both Khmer and* KONG Phallack is the Dean and a professor of law at the Faculty of Law and Public Affairs, Paññāsāstra University of Cambodia (PUC); managing partner and attorney at law atKhmerLex Legal Solutions, a locally established law firm; and arbitrator of the Arbitration
Council. He has handled 780 cases among the 2,684 cases registered at the Arbitration Council. Dr. KONG Phallack used to serve as Chairman of the Board of Directors of the Arbitration Council for two mandates.
** PHIN Sovath is an Assistant Dean and professor of law at the Faculty of Law and Public
Affairs, Paññāsāstra University of Cambodia (PUC); partner and attorney at law of Bun &Associates, a locally established law firm; and arbitrator and Vice President of the National
Commercial Arbitration Center (NCAC).
- 47 -

English1 for the students so that they are able to work in Cambodia, especially
if they want to sit for the bar exam or for other exams of other schools that use
Khmer as the main language, for example, the Royal Academy for Judicial Professions (RAJP)2 and the Royal School of Administration (ERA). Royal Schoolof Administration [RSA] or Ecole Royale Administration [ERA] and exams offered by the governmental ministries or institution to become civil servants.
The FLPA strives to deliver quality legal education that is accessible to andresponsive to the needs of the people of Cambodia as well as the global community. We place special emphasis on research and studies in law, social justice,and policy. As a law school, our mission is to produce a wide variety of humanresources for the 21st century through a curriculum grounded in the principles ofmultidisciplinarism, internationalism, and pioneerism.
The FLPA has an established and internationally recognized reputation for
excellence in teaching law in English. The FLPA’s faculty members care about
their teaching and see students as a priority. It provides a unique opportunity forhigh quality legal education. Rather than just telling people how we are doing
things differently and better, the FLPA is committed to making it obvious that
it is student-centered and devoted to preparing students to enter professional
schools and the job market as well as for further study overseas.
Currently, the FLPA provides legal education to students through threeprograms: the Bachelor Program (LL.B.), the Master Program (LL.M.), and theDoctoral Program (LL.D./Ph.D.). In the LL.M. Program, students can choose
among three majors: LL.M. in International Human Rights Law, LL.M. in International Business Law, and LL.M. in Intellectual Property Law. For the Doctoral
Program, we offer both a professional program, at the end of which students will
receive a Doctor of Laws degree (LL.D.), and a research program, at the end of1

Courses: Legal terminologies are taught under the course titled “Basic Concepts of Law &Fundamental Codes” [Civil Code, Code of Civil Procedures, Criminal Code, and Code of
Criminal Procedures].
2

The RAJP is composed of the School of Judges and Prosecutors, the School of Court

Clerks, the School of Notaries, and the School of Bailiffs.
- 48 -

INTERNATIONAL EXCHANGE PROGRAM(S) FOR LEGAL EDUCATION
AT THE FACULTY OF LAW AND PUBLIC AFFAIRS OF PAÑÑĀSĀSTRA UNIVERSITY OF CAMBODIA

which students will receive a Doctor of Philosophy (Ph.D.) in law.3
In addition to these programs, FLPA has also set up a legal clinic to help
students develop and enhance their practical skills. This year, FLPA has justlaunched a new legal clinic program called the “Rights of Persons with Disabilities,” which is open to both bachelor’s and master’s students who are interested
in the rights of people with disabilities.

2. Why an International Exchange Program?
This is a very interesting question, one that has been under continuous discussion for many years. Before we can provide any answers, we first need todefine what an international exchange program entails? Does the word “international” indicate that it is between nations, between universities, or between
institutions? Does the term “exchange” mean an exchange between and amongprofessors, students, knowledge, and skills? What kind of program should be established to benefit the partner universities?
There is also the related question of why a university would be interested incooperating with another university, in particular if one university is weak andthe other university is strong. Generally, if a university is very weak, other universities are unlikely to want to cooperate with it; arguably, a strong university
may instead just want to use the weak university for their own benefit. In sucha case, an international exchange program is just on paper, and there will be noreal implementation.
Whenever a strong university approaches the FLPA for an international exchange program, we usually provide a frank statement that we are a new university and are very weak. In addition, the FLPA always desires a real implementation program before entering into a memorandum of understanding (MoU) with3

For details of each of the programs, please visit the website of the FLPA, available at http://

law.puc.edu.kh/index.php/law-programs (last visited on Nov. 30, 2017).
- 49 -

any partner university. FLPA does not want to have the MoU just be a marketing
tool without any practical outcome. We are approached by many international institutes to discuss cooperation. However, the FLPA needs a real implementation
program. We need collaboration, not cooperation. The FLPA believes that collaboration between two schools or institutions can be fruitful for and beneficial toboth schools or institutions. Therefore, even if the FLPA is weak and our partner
university is strong, we try our best to support the partner university.
Finally, we believe that the abbreviation for an International Exchange
Program, “IEP,” can also mean “I Empower the Partners.” Even though we are
weak, we still empower our strong partner university. If our partner university isstrong, they should try to empower us in return. If each partner grows, we should
be proud of each other. All of the above forms the basis on which the FLPA considers whether to enter into an MoU with any partner university.

3. Outputs and Outcomes
Since its establishment, the PUC has entered into many international exchange programs with many partner universities around the world. The PUC
serves as an academic bridge between universities in Cambodia and those overseas. We have established formal and informal linkages, networking, and technical cooperation with numerous universities and institutions in the U.S., Europe,and the Asia-Pacific region. Below is a list of those programs:4– The U.S. (32 universities and institutions)– Europe (9 universities and institutions)– Asia and ASEAN5 (80 universities and institutions)– New Zealand (1 university)

4

For a specific cooperation program, please see the PUC website available at http://www.puc.

edu.kh/index.php/international (last visited on Nov. 30, 2017).
5

Association of Southeast Asia Nations: ASEAN- 50 -

INTERNATIONAL EXCHANGE PROGRAM(S) FOR LEGAL EDUCATION
AT THE FACULTY OF LAW AND PUBLIC AFFAIRS OF PAÑÑĀSĀSTRA UNIVERSITY OF CAMBODIA– The U.K. (5 universities)– Australia (3 universities)– Russia (1 university)
All of these cooperation programs, most of which involve international cooperation, take different forms. Here is a list of the forms of cooperation we have used
so far with partner universities:-

MoU: Memorandum of Understanding-

MOA: Memorandum of Agreement-

AOC: Agreement of Cooperation-

EPA: Educational Partnership Agreement-

IA: Institutional Agreement-

MMCP: Minutes of Meeting Collaboration Program-

JVA: Joint Venture Agreement-

ICA: Intercollegiate Cooperation Agreement-

GCA: General Cooperation Agreement-

GA: General Agreement-

MOC: Memorandum of Cooperation-

CA: Cooperation Agreement-

EA: Exchange Agreement-

AD: Addendum

Even though we use various forms of international cooperation, the questionis how such cooperation has been implemented and what results have been obtained from such implementation. In addition to these forms, there is also a formof case-by-case cooperation. In this last form, there is no written MoU at all;however, in a sense the agreement is stronger because it is entered into with realcommitment and understanding. It is about the human connection, trust, honesty,
and commitment, which are key to a fruitful international exchange program.
At the FLPA level, we have also had cooperation with other law schools,
universities, and institutions in the form of MoUs or MOAs. For example, with
the Raoul Wallenberg Institute of Human Rights and Humanitarian Law (RWI),- 51 -

based in Lund, Sweden, we have the ability to exchange professors, students,
library, research, and a legal clinic program. Another example is our cooperation
with the Southeast Asian Human Rights Studies Network (SEAHRN), where wefocus more on human rights, education, and international law. Below is the list of
the FLPA’s cooperation with partners that has resulted in fruitful outcomes, withan indication of what was exchanged:–	The Raoul Wallenberg Institute of Human Rights and Humanitarian Law(RWI): professors, students, library, research, legal clinic program–	The Southeast Asian Human Rights Studies Network (SEAHRN): education, conference, networking of professors– The Human Rights Resource Center (HRRC): research, publications– The Open Society Justice Initiative (OSJI): legal clinic program– The Konrad-Adenauer-Stiftung (KAS): annual law talk, publications– SHEAPSEA: teaching collaboration, research– BABSEA: clinical legal education– Handong International University (HIU): graduate student– Bridgewater State University: student exchange– Keio Law School (KLS): exchange program
These cooperation programs has provided mutual benefits to both FLPA
and its partners , in particular the students and professors, They are examples ofthe successfully implementation programs. The FLPA is not looking for a large
number of cooperation programs, but we do want to have real partners and effective implementation. The table below is a summary of the achievements of suchprograms between 2016 and 2017.
1. Students
LL.B. (3)- 1 (BSU, USA)- 2 (KLS, Japan)

LL.M. (7)- 5 (Lund, Sweden)- 2 (KLS, Japan)

2. Professors and Staff
Professors (1)- 1 (Lund, Sweden)

Staff (3)- 2 (Lund, Sweden)- 1 (KLS, Japan)- 52 -

INTERNATIONAL EXCHANGE PROGRAM(S) FOR LEGAL EDUCATION
AT THE FACULTY OF LAW AND PUBLIC AFFAIRS OF PAÑÑĀSĀSTRA UNIVERSITY OF CAMBODIA
3. Teaching Collaboration PUC-FLPA & VNU, Hanoi, School of Law
Students
Professors

LL.M. in PUC-FLPA and VNU, Hanoi
3 International Professors (Vietnam,
Thailand, The Philippines)
1 Professor from Ohio Law School, USAteaching International Labor Law to
L.L.M Students.

4. Good PracticeIn these cooperation programs, we believe that we have achieved goodpractice with many partner universities and institutions, including the RWI,SEAHRN, KLS, OSJI, KAS, HRRC, SHAPESEA, and BABSEA and case bycase with committed individuals from respective institutions. For example, weare proud of our cooperation with the KLS. We even started without an MoU,
but we wanted to see this cooperation happen. We started to discuss an MoU, but
at the same time, our activities and their results made the commitment of eachpartner evident.
This kind of practice has arisen from the past experience of international
trade between Cambodia and China and India. There were no written documents
or authorities, but trade was nevertheless conducted. In this sense, what we callgood practice is a cooperation from the heart, and they are conducted in goodfaith and mutual respect. The result is both partners being happy.
Another example is our cooperation with BABSEA on clinical legal education. BABSEA is the founder and leading provider of clinical legal education in
Cambodia and the region. They started the clinic in Cambodia, where we tried to
set up the first clinical legal education in Asia. The main reason for establishing
this kind of education is to make a difference.

- 53 -

5. Challenges of International Exchange Programs
We divide these challenges into different categories. The first category ofchallenges arises from the management of the law school. We see this challenge
when we support students or when we implement exchange programs. The firstissue is visa and travel arrangements. For a country like Japan, where it takes
only a week to receive the visa and information on the website is clear, this canbe fine. However, for other countries that are very strict, it is difficult for our students.
We sometimes use another network to obtain visa for our students. One of
our students intended to study in Lund. The application process at the university
was very slow. The student needed the visa at least two or three weeks before thestart of the university term, but the visa had not yet been released. In fact, it was
not the Swedish Embassy that issued the visa for Lund but another embassy. In
the European system, they send the jobs to a different embassy to hand out thevisas for different countries. Therefore, we have to find other ways to assist ourstudents to get their visas, otherwise, the visas may not arrive on time.
Another major challenge is the school admission and requirements. Such requirements may be much higher in developed countries than in our country. As aresult, it is a bit difficult for Cambodian students to get admitted to foreign universities like Keio University. We are also not sure whether students at foreign
universities are interested in coming to study with us. If they come to study withus, what are the benefits for them? In our experience, we have so far received
only two Filipino students [1 in LL.B. and 1 in LL.M.] one Japanese student,
enrolled in the business law course, because his parents were working in Cambodia. In addition, a Malaysian student registered for the business law course
because her father runs a business in Cambodia. In sum, foreign students comewhen they have relatives or friends working or doing business in Cambodia.
The residential and living environment is another key challenge. In general,
when you enter a foreign country, you may find it a bit difficult to rent a houseand to get to know all the local systems. For example, if a student goes to live in- 54 -

INTERNATIONAL EXCHANGE PROGRAM(S) FOR LEGAL EDUCATION
AT THE FACULTY OF LAW AND PUBLIC AFFAIRS OF PAÑÑĀSĀSTRA UNIVERSITY OF CAMBODIA

Japan, they should learn and understand the concept of “key money”: what it is
and why they need to pay money for the key. In Cambodia, we do not have thisconcept; we just have a deposit that is returned on departure.
The learning environment in Japan is very technologically equipped compared with Cambodia. The curriculum, grading system, language, and cultural
shock are related challenges, but some of these problems can be easily resolved.
For example, we sent our students to study in Lund for a semester exchange;
since even the grading system is different, we addressed the issue of, for example, how an A grade in Lund would be transferred to an A grade at the PUC in
the MoU. Although we have different grading systems, we can use an agreement
to easily solve the problem.
Financial support is a big issue for people from Cambodia if they want to go
to a foreign university, even a nearby university in Laos, Vietnam, or Taiwan.
However, when we had a conference in Ho Chi Minh City, our students were able
to cover the cost because we could travel by car or bus and find cheaper accommodation. Therefore, for a kind of international exchange between neighboring
countries for a short course of one week, the financial issue can be easily solved.
Commitment from the partner university and support from the top management
are also big issues because each university has a different system to run andmanage the program.
Another category of challenges arises from our students who went to study in
the United States, Japan, Korea, and Lund. Their challenges are not much different from the challenges of the management of the law school which were raisedin this report. One interesting challenge is the problem of transport. They do notknow how to ride the subway or a bus. To solve this, they are given informationby the organizer to help them exit the airport and navigate onwards transport. In
Lund, everyone used their credit cards; they hardly used cash.
Similarly, there are issues concerning the selection of students and the documentation process for students who want to study abroad. When they comehome, students also need to follow up as to whether their grades have been released and transferred. For international students who study abroad normally, we- 55 -

get support from the university which releases the temporary grade and may be
officially recognized by the other universities.

6. Conclusions
As discussed above, to make any international exchange program work effectively and successfully, it is very important to have real cooperation or collaboration with concrete action plans. It is very important that we do not only enter
into an agreement on paper, but we expect concrete outcomes arising from theimplementation of such agreement.
We have discussed a number of challenges, some of which result from thecontext of one particular country or from countries experiencing different individual challenges and some of which result from partner universities being atdifferent stages (for example, one university still being at the early stage without
much experience with exchange programs, while the other already has extensive
experience of partnering with other universities in developed countries). For suchreasons, the expectations from partner universities may be different. Accordingly, it is important that when we start to implement—or even before implementing—any collaboration or cooperation programs, we look into the curriculum.
We have to reform that curriculum to fit what we expect in that program. For
example, the credit transfer and grading system is very important, not only forthe partner university but also for students, in particular to motivate more students to apply to these exchange programs.
All the challenges can be addressed, but the question is how to address them.
In our view, it is important to improve or develop additional resources, in particular guidelines, tools, or instructions. One common pitfall is a single set of
guidelines being applied to all exchange programs. Instead, guidelines shouldbe specific to one program, one country, and one university because sometimes
when a general set of instructions or guidelines is applied to a partner university,
it does not work well. Therefore, it is also important that we revisit or improve- 56 -

INTERNATIONAL EXCHANGE PROGRAM(S) FOR LEGAL EDUCATION
AT THE FACULTY OF LAW AND PUBLIC AFFAIRS OF PAÑÑĀSĀSTRA UNIVERSITY OF CAMBODIA

our tools, programs, or instructions to make sure that they respond to the needsof the students and the partner universities.
Finally, our students are interested not only in learning about the local systems and law but also about how to practice law. The ultimate outcome for students after graduation is to go into work; in other words, they have to practicelaw in this country. Therefore, to have students develop all of practical skills,
in particular through an international exchange program, it is important that
we also extend our focus further to internships and externships in law firms orcompanies. In particular, in Cambodia, where legislation and case law are notwidely available to the public, it is hard for students to learn the law in practice.
Therefore, even though we exchange through the university at an academic level,
without all of this there probably are limitations.
We are not sure if this is also applicable to Laos or Myanmar as we are at
an early stage of legal information disclosure. Because of this, we believe that it
is very important that we promote externship or internship programs in the exchange program. Students should also have three- or six-month internships in alaw firm so that they can learn from real legal practitioners.
To implement it, we should start thinking about how we can promote theseexternship or internship programs. In particular, we are concerned about information dissemination, for example, how a student at Keio Law School can findout that there is the opportunity for an internship in Cambodia, Laos, or Thailand. Therefore, we probably have to think about how to develop a tool or database to share all of these opportunities with students at the university as a partner university. This is just a simple example of what we can start from now in thecurrent international exchange program. Partner universities should collaborate
further to study and develop these externship or internship programs comprehensively and practically for students by taking into account the context of eachcountry and the different levels of commitment and capacity of each partner university.

- 57 -

Chapter 4

THE CHALLENGES TO STUDY LAW ABROAD:
The International Cooperation and Exchange Programfor Legal Education at The Faculty of Law and Political science,
National University of Laos

Viengvilay Thiengchanhxay*
Sonenaly Nanthavong**(National University of Laos)

1. Introduction
National University of Laos (NUOL) is a leading university in Lao PDR. It is
located in Dongdok Campus (main campus university) and consists of 13 faculties1, 2 institutes, 1 central library, 3 centers, 1 hospital, 11 offices, and 1 Schoolfor Gifted and Ethnic Students which comes under the Ministry of Educationand Sports (MoES). At present, the NUOL works closely with other universities
to promote quality national and international cooperation of the country. In addition, human resource development is also a key to achieving our goals, visionand mission of NUOL’s educational development plan from 2016 -20202.
* Associate Professor, Dean of the Faculty of Law and Political Science, National University of Laos.
** Head of International Cooperation Unit, Faculty of Law and Political Science, National
University of Laos.
1

13 Faculties of National University of Laos : Faculty of Agriculture; Faculty of Architec-

ture; Faculty of Economics and Business Management; Faculty of Education; Faculty ofEngineering; Faculty of Environmental Sciences; Faculty of Forestry; Faculty of Law and
Political Sciences; Faculty of Language Education; Faculty of Natural Sciences; Faculty ofSocial Sciences; Faculty of Water Resources; and Faculty of Sport Sciences.
2

6 Strategic Plans 2016 -2020: (1) develop NUOL human resource with high professional and- 59 -

The NUOL is strongly committed to providing quality training in higher
education. The goals set are to ensure that students become well-trained anddisciplined academics, highly skilled and knowledgeable professionals, andtrained graduates who are expected to become specialists and experts in theirfields of training whereby they can commit and contribute back to their country’ssocio-economic endeavor. It is with this link to the regional and international
norms and standards of development that the university developed its comprehensive management system with full efficiency and transparency. NUOL also
aims to become a full-fledged university and green campus with the developed
infrastructure, facilities and resources fully provided for the academic training
needs. By NUOL goals, every faculty will be required to compete for foreign aid
and to collaborate with counterparts from the world.
The Faculty of Law and Political Science (FLP) is one of the faculty members of the National University of Laos that promotes the legal teaching andpromotion of the Rule of Law in Lao PDR. Therefore, FLP needs to have the cooperation with universities, organizations and other institutes both internal andexternal in order to promote academic framework to regional and international
standards. Moreover, FLP students are also encouraged to apply for scholarships
with our counterparts and others who support and provide information. However,Lao legal exchange students are faced with some challenges because of different
education system, the process of credit transfer, the learning conditions and otherinternational programs as well.

academic knowledge competence; (2) manage the resources suitable to the socio-economic
development; (3) upgrade and improve the teaching and learning quality catching up with
regional and international standards; (4) conduct researches and academic services to fulfill
the requirement of socio-economic development; (5) upgrade and expand the infrastructure
facilitating educational development; (6) Promote quality national and international cooperation.
- 60 -

THE CHALLENGES TO STUDY LAW ABROAD

2. International Cooperation and Exchange Program at FLP, NUOL
2.1 International Cooperation
The National University of Laos’s cooperation with its partners is achieved
through general agreement on cooperation and partnerships signed with universities, institutes, agencies and organizations in the region and the world. In 2017,
MOU - based cooperation stands at about 250 with Asia, ASEAN and Europe
countries, with the following cooperation:
1.	Developing its human resources both in the academic and administrative
fields;2. Promoting joint research and organizing seminars and symposiums;
3.	And exchanging scientific data and related publications in all disciplinary
fields.
The International Relations and cooperation is regarded as the NUOL’s key
roles in its functions and it is to ensure the effective coordination and cooperation with the external partners and networks in different levels. NUOL isstrengthening its effort in international affairs and this is in line with the Government’s policy on international relations which is based on mutual benefits andnon-interference in mutual internal affairs. To ensure efficient implementation ofinternal and external relations and cooperation tasks, the NUOL has adopted thefollowing Strategic Development Plans:•	Review regulations and practices on internal and external relations andcooperation of the NUOL, roles and responsibilities with the tasks andactivities related;•	Review and improve system for appropriate and relevant practices in accordance with the roles and responsibilities; and•	Review and improve the coordinating system with the unit or division in
charge as to ensure the regular and effective coordination with the parties
and authorities concerned.
•	Review the existing regulations and make new regulations and principles- 61 -

which are more relevant and practical for the NUOL’s international relations and cooperation tasks’ implementation in connection to the Party
Central Committee’s policy and guidelines as well as the university’s requirements. (2016-2020)
In the academic years 2015 – 2017, there was a large number of students’exchange within ASEAN/AUN, ASEAN plus 3 - Japan, Korea, and China. For
example, the number of NUOL students exchange program within ASEAN/AUN
indicated that 33 students in Singapore, 30 students in Thailand, 17 students in
Malaysia, 4 students in the Philippines, 2 students in Indonesia, 2 students in
Brunei Darussalam and 1 student in Vietnam. Another student exchange within
ASEAN plus three – Japan, Korea and China are 27 students in Japan, 17 students in South Korea, and 18 students in China. The duration of these students
exchange programs ranges from one week to one year. The courses are conducted in English as approved by the partner university, and the tuition fee is supported by the host university based on previously signed academic agreements.
Host countries generally provide both partial and full scholarships. Furthermore,
activities such as study trips student and cultural exchanges are also included.
Exchange programs are open to students, lecturers and researchers, and it also
includes other activities that have been agreed upon during the signing of the
MoUs.
The Faculty of Law and Political Science or FLP has much cooperation withother universities, both locally and globally. It plays the significant role for ouracademic exchanges. At the present time, there are MOU and MOA signed withother law schools such as: Faculty of Law of Rajabhat Mahasarakham; Chiang
Mai; North-Chiang Mai; Khon Kaen; Mae Fah Luang; Thammasat; and College of Politics and Governance, Mahasarakham University (Thailand); Facultyof Law, National University of Hanoi (Vietnam); Nagoya University and Law
School of Keio University (Japan); School of Law of Jean Moulin Lyon 3 (France)
and the Strengthening the Rule of Law of Luxembourg Development Project- 62 -

THE CHALLENGES TO STUDY LAW ABROAD(Lao/031) University of Luxembourg. This cooperation is based on one of the
NUOL strategic development plan as internal and international relations and cooperation.
The core areas of cooperation consists of 5 main points :(1) Exchange staff/
faculty and students; (2) Exchange academic materials and publication; (3) Joint
scientific research and academic activities; (4) Scholarships and human resources
development and; (5) Participation in seminars and trainings.
Based on our signing MOU cooperation with partnerships and areas of mutual cooperation agreed, the Faculty of Law and Political Science is strengthening
on implementing of exchange law lectures/students by joint the seminars, trainings, research projects and study visits with other counterparts both internal andexternal regions.

2.2 Legal Exchange Program
The legal exchange program is seen as a significant step in human resources
development in Lao PDR. The scholarship study and training abroad are highly
sought-after, especially for law students. The students from international relations department are very highly passionate and are always on the look-out for
new experiences. Opportunities for student exchange came from various MoUs
cooperation between universities/faculties, Embassies, European Union Support
to Higher Education in the ASEAN Region (EU - SHARE) and other information from websites.
In the academic year 2016 – 2017, lecturers and students under FLP went for
exchange programs based on the signed MoUs. FLP lecturers attended the seminars and exchanged teaching best practices with Khonkaen University. Two master students joined the seminars in Keio University, and two graduate students
are now doing six - month exchange program in Nagoya University. Besides that,
there are FLP students who have participated in Japanese language class. They
also had the opportunity to exchange social and cultural learning in Nagoya
University over a two – week period. Moreover, FLP lectures are continuously
working with Japan International Cooperation Agency Project (JICA) on writing- 63 -

textbooks about criminal, civil, and civil law code. Other FLP student exchange
programs involved students participating in both short and long term programs
such as International Humanitarian Law Moot Court Competition in Hong Kong,the 3rd ASEAN Foundation Model ASEAN Meeting in the Philippines, Debate of
Human Rights in Thailand, and Japan East Asia Network of Exchange for Students and Youths (JENESYS).

2.3 The Processes of Applying for and Selection on Exchange Programs
Lao students exchange program including Law students must be the students
who are studying at National University of Laos. The students should be in the
2nd to 4th year and have achieved GPA 3.00 /4.00 ( 2.5 is also eligible in some programs). The selected students need to prepare necessary documents as follows:
1. Copy of valid passport.
2. Certificate of Enrolment / Attestation.
3. Official Transcripts.
4. Study Plan.
5. Letter of Recommendation.
6. Letter of Endorsement from home university.
7. Certificates of English Proficiency.
8. Certificates of Achievement (Optional)
Students can contact their own international relations office in each faculty
and the main office at NUOL. Otherwise, they can ask the faculty news board or
person in charge of academic affairs/student affairs. NUOL students can also apply from the NUOL’s website as www.nuol.edu.la, which consists of three steps:•

Written and Interview- Written Assessment- Selection Interview•

Application Preparation- Complete Application- 64 -

THE CHALLENGES TO STUDY LAW ABROAD- Attach Supporting Documents•

Official Nomination- Official nomination- Submit original copy of application

Moreover, FLP students who apply for scholarships or have been selected by
the faculty partnerships (MoUs), in principle, they will follow the rules of the
National University of Laos and host universities.
Actually, there are many exchange programs at NUOL in the present time.
For a semester/ one academic year, students can apply in Cambodia, Indonesia,
Malaysia, Myanmar, The Philippines, Singapore, Thailand, Vietnam, Japan,
Portugal, Europe and Korea. One week – Two months are in Singapore, Korea,
Japan and Thailand.
In fact, under the SHARE Project, the applicant can apply to the following
universities:
Royal University of Phnom Penh, Cambodia, University of Indonesia, Indonesia,
University Kebangsaan, Malaysia, University of Yangon, Myanmar, Universityof Philippines, the Philippines, Chulalongkorn University, Thailand, and Vietnam National University, Hanoi, Vietnam.
Also, the students also apply for European universities as University of Ghent, Belgium, Tomas Bata Univeristy, Czech Republic, SGH Warsaw School of
Economics, Poland and University College Cork, Ireland.

3. Outputs, Outcomes and Challenges
Although the FLP is a young institution, it has already developed intense
activity in the field of international cooperation. FLP has developed working
relations with a number of institutions worldwide. It has signed more than 10
different MoUs with universities from ASEAN member countries, as well asJapan, France and Luxembourg. Furthermore, as the member of the ASEAN
University Network (AUN), the FLP of National University of Laos has actively- 65 -

engaged in a number of activities aiming at both academic and research development and cooperation among the AUN member universities as well as countries
in the ASEAN region. This movement and contribution by the NUOL or FLP isregarded as an important input and part for Laos in preparation for the ASEAN
Community by 2016.
By engaging with many partnerships, the FLP has achieved various outputs,
outcomes and challenges as follow:

3.1 Outputs
At present, the FLP has been sent a large number of staff/lecturers and students on exchange and to join conferences. The outputs of these activities are topromote and raise the FLP’s regional and international profile, and to disseminate Lao law and culture. Moreover, it is also to promote the capability of Law
lecturers and students. Most law students are more encouraged and motivated intheir work after their participation in the preliminary selection interview. Furthermore, the academic atmosphere and learning competitive awareness among
students themselves within the NUOL are built up and that provides NUOL students with the opportunity to be exposed to best practices and also deepen theiracademic skills and adapting skills in new learning environments.

3.2 Outcomes
After participation in the conferences/exchange abroad, Lao law lecturers
and students have gained better understanding of international law and teaching– learning systems of other countries. In addition, it enables them to gain a better
understanding of the host country’s politics, economics, society and culture. The
exchange program is a significant part of students’ university lives as it opens
students vision, motivates them to put more effort to study in order to make theirown country be more developed.
Moreover, when the Law students study short term and/or semester long program abroad, these studies found that students can improve their speaking proficiency during one semester. There is a positive relationship between students’- 66 -

THE CHALLENGES TO STUDY LAW ABROAD

integrative motivation and interaction with second language culture, and student
contact with the host country’s languages has a great effect on their speaking improvement.

3.3 Challenges
To study law abroad is a challenge for all Lao students but it is necessary
for cooperation and development in legal study. The number of Lao exchange
students has increased in recent years. Many of them found opportunities to
upgrade themselves by participating in short - term studies, seminars and byembarking upon their Masters or Doctorate of Philosophy studies abroad. In addition, these scholars are being supported by their host countries and universities
for which they have applied for their studies. The main issues and challenges forinternational cooperation to be addressed by Faculty of Law and Political Science, National University of Laos are:- Less international programs offered in English and such practices in student
exchanges with foreign partner universities.
- Students have low understanding of the English language.
- No appropriate credit transfer system to accept the student’s grade and credit
gained from exchange program.
- No undergraduate programs that are taught in English language.
- The exchange program management in cross-faculty is not well managed.
- Lack of financial support toward participation in seminars, training and student activities organizing overseas or at the partner universities. In other words,
student exchange program at NUOL or FLP is scholarship-based from the host
university; we are unable to participate in the program invited with self-support.
- Inadequate human resources, lack of staff to do the work;- Lack of capacity possessed by staff, yet internal process or procedures concerning international cooperation and coordination remains as issues of improvement;
Sometimes, even though we have signed MoUs with many universities
worldwide, we still lack real implementation because contact is not continuously- 67 -

maintained and there are difficulties on the budget, human resources and somefacilities of our faculty. However, the FLP needs to build and develop the capacity of faculty members in order to promote them and build the internationalcourse for our academic exchange with partnerships.

4. Conclusion
The Faculty of Law and Political Science, National University of Laos is an
important institution for legal studies which is under the Ministry of Educationand Sports. Many undergraduate students would like to study in this faculty; so
far in the light of quality assurance, a lot of candidates cannot pass easily. Nonetheless, the faculty has continued to compete for the grant support from otherinternational universities and organizations in order to promote our faculty andstudents to upgrade their education. Moreover, FLP will continue to work hardby creating further cooperative joint programs with partner universities as wellas to improve the regulations of the cooperation in the future.

- 68 -

Chapter 5

INTERNATIONAL EXCHANGE PROGRAMSAND COLLABORATIONS FOR LEGALEDUCATION AT THAMMASAT UNIVERSITY
Junavit Chalidabhongse*
Viravat Chantachote**(Thammasat University)

1. Introduction
Legal education is vitally important to social and economic development.
In the globalized world, the business transactions with international elements
have become increasingly essential and the lawyers capable of dealing with suchtransactions are highly demanded. The universities offering legal education have
faced tremendous challenges to equip their students with legal knowledge andexperience on both domestic and foreign laws. The activities that tend to facilitate such challenges are exchange programs and collaborations between universities so that knowledge can be shared and relations can be established, resulting
in benefits to both students and universities.
This paper explains student exchange programs and various types of educational collaborations at Thammasat University Faculty of Law. It is organized
into two main parts, namely, the part relating to the program taught in Thai
* Assistant Dean, Deputy Director of International Programs, Faculty of Law, Thammasat
University, Thailand.
** Assistant Professor, Chairman of the Curriculum Development and Quality Assurance in
Education, Faculty of Law, Thammasat University, Thailand.
- 69 -

language and the part relating to the programs taught in English language. The
paper begins with an overview of the Thai-taught program in Section 2. Then,the barriers in current Thai-taught program with regard to exchange programs
and collaborations will be explained in Section 3. Section 4 will show the mainconcepts of the new development of the Thai-taught program that would increase
the likelihood of students to join exchange programs. We will then move to thepart of law programs taught in English language. The overview of English-taught
programs will be given in Section 5. Then, different models of exchange programs and collaborations in English-taught programs will be described in Section 6. Finally, the paper will be concluded in Section 7.

2. Overview of Law Programs Taught in Thai Language at
Thammasat University Faculty of Law
The Faculty of Law at Thammasat University offers law degrees taught inThai language in many levels, namely, Bachelor of Laws (LL.B.), Master ofLaws (LL.M.) and Doctor of Laws (LL.D.).1 In this paper, we will focus only on
the Bachelor of Laws (LL.B.) as the students from such a program are majorityof our students.
Let us begin with the explanation of the semester system being used at present. The Faculty of Law implements the semester system consisting of two regular semesters and one summer semester. The first semester runs from the middleof August to the end of December while the second semester begins in the middle of January and ends in the early of June. The summer semester, which is notmandatory, covers the period from the middle of June to the end of July.
The Thai-taught LL.B. program is a four-year program that requires at least
141 credits for graduation. One credit equals one hour of teaching per week. A
course usually contains three credits and therefore requires three teaching hours
1

For more details, please see http://www.law.tu.ac.th/en/courses-academic-programs.
- 70 -

INTERNATIONAL EXCHANGE PROGRAMS AND COLLABORATIONS FOR LEGAL EDUCATION AT THAMMASAT UNIVERSITY

per week for fifteen to sixteen weeks in a regular semester.
With regard to the total number of credits, the 141-credit program is very
intensive which requires students to take a lot of courses in order to graduate.
The courses contained within 141 credits can be categorized into the following
groups.
1. General Education Courses		

30 credits

2. Compulsory Courses			

87 credits

3. Elective Courses			

24 credits

As the country’s oldest continuously operating law faculty, the law curriculum at Thammasat University Faculty of Law has become a model for Thai law
schools established subsequently. Its law undergraduate curriculum is recognized by the Thai Bar Association as the standard Bachelor of Laws qualification
for those who wish to be barristers. Thus, it is not surprised to see the similarityof law undergraduate curricula in Thailand.
However, such a curriculum is not supportive and presents a number of
obstacles to law students who want to participate in an exchange program. In
overall, Thammasat University has been a partner to many universities in termsof exchanging students between universities, but most of them focus on language
study with the aim to improve skills in foreign languages. In the past, the Facultyof Law had inbound exchange students from Japan and the People’s Republic ofChina who participated in our Thai-taught LL.B. program. Although they hadsome backgrounds in Thai language, it was still not easy for them to study lawsin Thai language. On the other hand, we have seen very few students from Thaitaught program participating in an exchange program for legal study.
In the following section, we will discuss reasons why law students in Thaitaught program are not interested in joining international exchange program orcollaboration.

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3. Barriers Causing Problems to Students in Thai-taught LL.B.
Program to Participate in an Exchange or Collaborative Program
3.1 Program Structure
The structure of Thai-taught LL.B. program is one of the obstacles for international exchange program or collaboration. The total number of credits requiredfor graduation is 141 as mentioned earlier. The students are required to take 30
compulsory courses with the total of 87 credits. The distribution of those 30
compulsory courses in the four-year period is as follows.
Year

Number of compulsory courses

1st year

2 courses

2nd year

11 courses

3rd year

11 courses

4th year

6 courses

With the compulsory courses designed to be taken in each of the four years,
students who participate in an exchange program or any collaboration will be behind their classmates in graduation. If they spend one semester or one year in an
exchange program, it is very likely that they will not be able to graduate withinfour years. A student who wants to study abroad as an exchange student has tothink hard whether the benefit to be gained from such a program would outweighthe loss from the delay of graduation. This is one of the reasons leading to thedecision of not joining an exchange or collaborative program.

3.2 Transfer of Credits
As the Thai-taught LL.B. program was not originally designed to support an
exchange program, the description of most courses in the curriculum is mainly
focused on the contents of Thai law. Students who participate in an exchange
program will find it difficult to have all credits from studying abroad transferredback to Thailand since the description of courses taken abroad does not matchwith that of courses in Thai-taught LL.B. program.
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INTERNATIONAL EXCHANGE PROGRAMS AND COLLABORATIONS FOR LEGAL EDUCATION AT THAMMASAT UNIVERSITY

3.3 Modes of Assessment and the Scoring System
The Faculty of Law at Thammasat University has quite a unique method ofassessment as compared with other faculties in Thammasat University. Eachcourse has a total of 100 points. For the compulsory courses, they are assessed
based on examination only. Most of the courses have only one final examination
for the whole 100 points. Only a few courses have midterm examination. For
elective courses, other modes of assessment are allowed such as report and presentation in classes.
With regard to the scoring system, Thammasat University Faculty of Law
does not use the typical grading system, such as grades A, B, C. We have beenusing the scoring system which places the real score into the transcript. For example, if a student receives a score of 80 out of 100, the number “80” will be recorded on the transcript. This scoring system makes it difficult to match the letter grade obtained from studying abroad into the number of score to be appearedin the transcript.

3.4 Career Goal
Many students in Thai-taught LL.B. program have their goals on becoming judges or public prosecutors. Since the main language used in such careersis Thai, the students do not have any incentive to participate in any exchange
program or collaboration. They do not want to spend one semester or one year
abroad as they intend to study Thai law as much as possible and graduate so thatthey can prepare for the Bar examination and start their careers in those directions. To become a judge or public prosecutor, students have to take an examination for the admission of judge or public prosecutor. Although English is one of
the subjects to be tested in such examinations, the proportion of the score is verysmall and therefore it does not draw the attention or give enough incentive forstudents to increase their English capability.

3.5 Language
The English language may be viewed as a problem in joining an exchange- 73 -

program since the students in Thai-taught LL.B. program uses Thai language
most of the time. However, we have seen a lot of improvement in students’ skills
in English. Although they are students in Thai-taught program, but the English
proficiency of many students nowadays are quite good. They should be able touse English effectively when they go to study abroad. Therefore, English skills
may not be much of problem.
On the other side, it is obvious that language is a problem for students fromforeign universities who want to come as inbound exchange students to study
law in Thai-taught program at Thammasat University. Most classes are taught inThai language which makes it virtually impossible for foreign students to understand.
We have presented a number of obstacles that do not give incentives to students in Thai-taught LL.B. program to participate in an exchange program or any
collaboration. In the next section, we will discuss a new development that could
encourage students in their decision to join an exchange program.

4. New Development to Increase the Incentives for Students in
Thai-taught LL.B. Program on Participating in an
Exchange or Collaborative Program
The Faculty of Law at Thammasat University is currently in the process ofreforming its curriculum. The main idea in such a reform is to decrease the number of compulsory courses. The current program, as mentioned earlier, consistsof 30 compulsory courses, which is considered to contain too many courses ascompared to other universities around the world. We aim at decreasing the number of compulsory courses so that the students can have more freedom to choose
elective courses that will lead them to specialization. They will also have time toimprove skills in legal and language aspects outside the classroom.
In addition to the reduction of the number of compulsory courses, the study- 74 -

INTERNATIONAL EXCHANGE PROGRAMS AND COLLABORATIONS FOR LEGAL EDUCATION AT THAMMASAT UNIVERSITY

plan of the new reformed curriculum would be designed so that students canfinish compulsory courses within the first three years. This plan would allow students to go to study abroad in the fourth year and transfer credits back into thetranscript as earned credits at Thammasat University.
The grading system, to support the credit transfer, would be designed so thatthe courses from studying abroad to be transferred would be graded as “PASS”,
instead of the score or regular grade. It would eliminate the problem of the comparison between two different grading/scoring systems.
Furthermore, additional courses relating to foreign laws and comparative
laws would be added into the new reformed curriculum. Such courses not only
serve students’ interests in the globalization era, they also provide an effective
way to conduct the credit transfer for the students joining an exchange program.
The course description would be more matched to the subject taken abroad.
Moreover, the new reformed curriculum would be designed to have more courses
offered in English language so that foreign students who want to join the exchange program as inbound students will be able to take such courses in English
without any language difficulty.
In addition to all of the above features to be added into the new reformed
curriculum, we can expect that more students would be interested in working inlaw firms or international organizations, which requires English for communication. The interests in those areas will give incentives for students in Thai-taught
program to join an exchange program which will provide opportunities for students to gain legal knowledge outside Thailand as well as broaden their mind andvision towards the rapid change in the society.

5. Overview of Law Programs Taught in English Language at
Thammasat University Faculty of Law
While the law curriculum of Thammasat University Faculty of Law has continually influenced the development of legal education in Thailand, we are also
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aware of the rapid change in social, economic and legal environments. The ASEAN Economic Community is one example of imminent challenges to Thai legal
education.
It is well recognized with regard to the need for lawyers capable of copingwith complex business transactions involving international parties who use English as common language. In 2014, a new four-year undergraduate program entitled “the Bachelor of Laws Program in Business Law (International Program)”
was launched at Thammasat University. This program is Thailand’s only Bachelor of Laws program entirely taught in English. It presents an immense challenge
for the legal educational system in a country where English is not an official language and where English publication on its law is rarely seen.
The English-taught LL.B. program requires at least 125 credits for graduation. The credits are categorized into groups as follows.
1. General Education Courses		

30 credits

2. Compulsory Courses			

41 credits

3. Elective Specialized (Law) Courses

48 credits

4. Elective Courses			  6 credits
While the English-taught LL.B. program presents a challenging task for us, italso gives us good opportunities for exchange programs and various types of collaborations with other foreign universities. The reasons that this English-taught
LL.B. program works in favor of exchange programs and collaborations can be
described as follows.
(a) Language: As English is the language used entirely in the program, there
is no difficulty in communication when the students from our international program go to study abroad. It also attracts foreign students who are interested inThai law to come as inbound exchange students since all classes in this program
are conducted in English.
(b) Structure of the program: The program is designed to have all compulsory courses completed at the end of the third year. This leaves the period of the
fourth year available for students who want to go to study abroad. The students
may choose to go to study abroad for one semester or even one full year.
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INTERNATIONAL EXCHANGE PROGRAMS AND COLLABORATIONS FOR LEGAL EDUCATION AT THAMMASAT UNIVERSITY(c) The transfer of credits: The program is designed to contain a number ofcourses whose contents are not necessarily Thai law. Examples of such courses
include Business Law Seminar, Comparative Business Law, Comparative Private
Law and Current Legal Issues as well as the Introduction of various Legal Systems such as American, English, Japanese, Chinese, French and German legal
systems. Those courses will make it easier for the credit transfer. That is, when
the students go to study abroad in an exchange program or any type of collaborations, the courses earned in foreign countries can be transferred back to those
aforementioned courses in LL.B. program and counted as earned credits forgraduation in Thailand.
(d) Assessments and the grading system: The English-taught LL.B. program
implements various modes of assessments including class presentation, term
paper, group project, midterm examination and final examination. Assessments
will result in 8 levels of grades, namely, A, B+, B, C+, C, D+, D and F. This is
the grading system typically used around the world, and it thus facilitates any
exchange program and collaboration in terms of transfer of grade achieved fromother universities.
(e) Main purpose of the program: The English-taught LL.B. program is designed to concentrate on the area of business law only. Thus, the students in thisprogram have their main focus on becoming business lawyers. As the nature ofbusiness today inevitably involves with foreign and international components,
the students would have strong incentives to learn foreign and international laws
to gain advantages in their careers.
The English-taught LL.B. program is not the only program that is taught entirely in English. The Faculty of Law has also been operating another program
entitled “the Master of Laws Program in Business Law (English Program)” since2009. In this English-taught LL.M. program, the students have to study for a total of 39 credits in order to graduate with 15 of those credits being compulsory.
The students may choose Plan A for thesis writing or Plan B for independent
research. As the program is based on using English as communication language
and the schedule of the program is quite flexible for students to join any exchange- 77 -

program or collaboration, this is also the program that we have seen a lot of positive activities towards cooperative relations with other foreign universities.
In the following section, we will discuss about existing exchange programs
and collaborations in both LL.B. and LL.M. English-taught programs at Thammasat University Faculty of Law.

6. The Exchange Programs and Collaborations in English-taught
Programs at Thammasat University Faculty of Law
We have so far seen a lot of progress and development on various types ofcollaborative activities in English-taught programs for both LL.B. and LL.M.
The purpose of this section is to explore and study different models of collaborations. The names of partner universities will not be mentioned here as we only
focus on the explanation of different types of collaborations.
According to the exchange programs and collaborations in legal study that
we have with other universities, they can be categorized into four different models. The first two models are arranged for the English-taught LL.B. program
while the last two models are set for the English-taught LL.M. program. The fourmodels are explained as follows.

Model 1This is the model for LL.B. students. This model is a real exchange program.
It means that when we send one student from our program to the partner university, then the partner university will send one student to study with us in Thailand. The students joining this exchange program pay tuition fees at their own
universities. This model has been operating and we have had inbound exchange
students from many countries attending this program, such as Germany, France,
The Netherlands, Finland and Canada. Our LL.B. students who join this model
are usually the fourth-year students since there are no compulsory courses in the
fourth year. The period that the students spend in the partner universities could- 78 -

INTERNATIONAL EXCHANGE PROGRAMS AND COLLABORATIONS FOR LEGAL EDUCATION AT THAMMASAT UNIVERSITY

be one semester or one full year, depending on the agreement.
The credits earned at the partner universities will be transferred back as thecredits earned in the LL.B. program at Thammasat University, and can be used
as a part of fulfillment for the LL.B. degree to be achieved at Thammasat University.
In summary, students joining the program in this model will spend the regular time (four years) to graduate from LL.B. at Thammasat University but they
will have opportunities to gain knowledge and experience from studying abroadfor one semester or one year.

Model 2This is also the model for students in the LL.B. program. This model comesfrom a special agreement with our partner university. After our LL.B. students
finish their third year at Thammasat University, they will spend one year at thepartner university and earn an LL.M. degree at the partner university. The credits that are earned at the partner university can be transferred and counted as
credits in LL.B. program at Thammasat University.
As for the LL.M. degree to be earned at the partner university, the students,
at the end of their study at the partner university, have to show that they achieve
the full credits at Thammasat University. The special advantage in this model isthat the students can register and attend classes in LL.M. level at the partner university despite being only the fourth-year students. The challenge of this modelis that the partner university has to allow our LL.B. students to start studying in
LL.M. level even though they have not fulfilled all requirements at LL.B. level,
provided that they will complete all credits for LL.B. (by the transfer of credits)
at the end of the study in the partner university.
In summary, students joining the program in this model will spend four years
and be able to achieve two degrees; one LL.B. from Thammasat University andone LL.M. from the partner university.

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Model 3
This is the model implemented for English-taught LL.M. program. In thismodel, after our LL.M. students have finished the part of coursework at Thammasat University, they may spend one more year at one of our partner universities in order to achieve a degree in LL.M from the partner university. However,writing thesis is generally required when the students go to study at the partner
universities.
For example, if an LL.M. student decides to go to a partner university, such a
student will have to finish the coursework at Thammasat University first. Then,the student can choose whether he wants to finish the thesis as required at Thammasat University before or after he goes to study at a partner university. At thepartner university, the student will have to take all courses and write a thesis
within one year in order to complete an LL.M. degree abroad. The student has tocomplete all credits and fulfill all requirements from both Thammasat University
and the partner university. Of course, at the end they will receive two degrees;
one LL.M. from Thammasat University and another LL.M. from the partner university.
In summary, students will spend regular time in order to finish LL.M. atThammasat University and will spend one more year at a partner university withthe requirement on thesis writing. Special advantages that students may see fromthis model are the way that they can apply through the channel of relations between universities and the partner universities would give some special discounts
on the tuition fee.

Model 4This is also the model for students in LL.M. program. This model is derived
from a special type of cooperative arrangement. In this model, our LL.M. students, while they are in Thailand, will take two courses that will be taught byprofessors from the partner university during summer semester in Thailand. Itmeans that the Faculty of Law will invite professors from our partner university
to come and teach for two courses. After the students finish such two courses,- 80 -

INTERNATIONAL EXCHANGE PROGRAMS AND COLLABORATIONS FOR LEGAL EDUCATION AT THAMMASAT UNIVERSITY

they are counted as parts of fulfillment at the partner university and the students
will spend one more semester at the partner university and be able to graduate
with an LL.M. degree at the partner university.
In summary, students will spend regular time in order to finish LL.M. atThammasat University and will spend only one more semester at the partner university in order to achieve another LL.M abroad. This model is quite attractive
and we have so far had about four to eight students a year participating in thisprogram.

7. Conclusion
The student exchange programs and educational collaborations between universities can be used as potent ways to equip law students with knowledge andexperience in foreign, international and comparative laws. It is also an important
step to establish good relationship between universities, leading to future cooperation in other areas.
Thammasat University Faculty of Law has realized the significance of suchprograms and collaborations. The new reformed Thai-taught program and thelaunching of the English-taught LL.M. program in 2009 and the English-taught
LL.B. program in 2014, as mentioned earlier in this paper, are good indicationsof our awareness and interests towards the law society that has increasing demand in lawyers equipped with foreign and international components of legal
knowledge. We have witnessed positive progress and benefit achieved from suchprograms and collaborations to our students and students from our partner universities. We will continue our efforts to enhance our relationships with existing
partners and seek additional relationships with other universities to promote mutual learning of knowledge and experience in legal community.

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Chapter 6

INTERNATIONAL STUDENT EXCHANGE
PROGRAMS FOR LEGAL EDUCATIONAT UNIVERSITY OF YANGON
Khin Chit Chit*(University of Yangon)

1. Introduction
Higher education is fundamental to a country’s social and economic development. Higher education is responsible for nurturing skilled human capital neededin government, business and industry. Higher education institutions (HEIs) incubate creative thinking needed for an economically competitive society.
In order to sustain economic growth and compete in the global economy,
Myanmar HEIs will be reformed to enable greater knowledge production and todevelop highly skilled research centers that support social and economic development.1 Myanmar has 158 higher education institutions (HEIs)(colleges, degreecolleges and universities), which are overseen by 8 ministries.2 Of those universities, the national University of Yangon is the oldest in Myanmar.

* Professor, Department of Law, University of Yangon.
1

National Education Strategic Plan (2016-2021), Ministry of Education, Republic of Union of

Myanmar, p.14
2Ibid, p.33
- 83 -

2. History of University of Yangon
The University of Yangon was established in December 1920 as the Rangoon
University in accordance with the University of Rangoon Act (1920).
Although University status was granted in 1920, the Rangoon University existed before as the Rangoon College, founded in 1878, and affiliated to the University of Calcutta. The College was renamed Government College in 1904 andUniversity College in 1920, when University College (Rangoon College-secular)
and Judson College (Baptist-affiliated) were merged by the University of Rangoon Act (1920).

3. Vision for the University of Yangon
The University of Yangon is to be the leading higher educational institution
in Myanmar and a Flagship University on par with regional counterparts and inline with international trends.
Today University of Yangon aims to be a flagship university of Myanmar, in
accordance with Article 26 of the National Education Law (2014) enacted on 30
September 2014. To be a flagship university, UY faces many challenges such as
the need for capacity building, an improved academic environment and international co-operation.

4. Legal Education in University of Yangon
Legal education in Myanmar started at University of Rangoon (today’s University of Yangon) in 1920. The Law Department then offered a Law Degree
known as Bachelor of Laws (BL), which was a part time post graduate degree.
The BL degree required a two year course of study. The BL courses were fullytaught in English. In 1965, a new system of higher education brought about a- 84 -

INTERNATIONAL STUDENT EXCHANGE PROGRAMS FOR LEGAL EDUCATION AT UNIVERSITY OF YANGON

five-year fulltime legal education course for BA (Law) LLB degree at the Law
Department, University of Yangon (UY). Myanmar language became the medium of instruction for teaching and learning of all the courses. Students wereawarded a BA (Law) degree after 4 years of study and had to continue their studies one more year to receive the LLB. The LLM program was started in 1973 at
the Law Department.
In 1976, a new higher education system was introduced in Myanmar. The
system meant that students had to attend three years fulltime legal education
after studying two years at the Regional Colleges for the LLB degree. Myanmar
language was the medium of instruction for teaching and learning of all thecourses. In 1982, a five-year fulltime legal education course was reintroduced for
the LLB degree at the Law Department, University of Yangon. In 1987, English
language was reintroduced as a medium of instruction for teaching and learning.
From 1996 to 2013, the Department of Law, University of Yangon was only offering post graduate legal studies. University of Yangon has been a postgraduate
only institution from 1996. In 1999, the PhD program was started at the Law Department, University of Yangon.
In 2013, undergraduate law courses were made available again for outstanding
students who obtained a high score in the BEHS examination. Moreover, the Department of Law, University of Yangon offered 9 months Diplomas in four different areas of Law: Business Law, International Law, Maritime Law and Intellectual
Property Law. A two years long MA program in Business Law was also offered.

5. Requirement for Improvement of Legal Education
Legal education is a vital component of a working legal system. Like breathing life into machine, legal education gives life to formal legal institutions bycharacterizing the functions and features of the national legal system.3 There3

Comparative Legal Education from Asian Perspective, “Why and How should comparative- 85 -

fore, the improvement of legal education is very important not only for developed countries, but also for developing countries. In Myanmar, most graduate
students require professional skills to enter the job market. The current legal
education needs to be reformed to remain in touch with actual legal practice. To
improve legal education problems around insufficient human resources, capacity,
academic environment and international co-operation need to be addressed.

6. International Collaboration and Development Partners
The necessity of legal assistance from one country to another is an unavoidable reality of this 21st century’s human society. Collaboration in legal education
is important for the improvement of legal education. Professors and experts fromforeign universities have visited the Department of Law, University of Yangon
to give special lectures and hold seminars for undergraduate and post graduate
students, as well as teaching staff, to improve the capacity for the different fieldsof law since 2013. As for Japan, the Myanmar Japan Legal Research Center was
established and series of seminars on different areas of laws are conducted bythis Center. International collaboration and development partners of Law Department, UY are Open Society Foundations
 Nagoya University, School of Law, Japan Australian National University, Australia
 University of Oxford, UK
 Columbia University, US National University of Singapore (NUS)Faculty of Law
 Central European University, Hungary Chuo University, Japan

Legal Education be promoted in an Asian Context?” written by Hiroshi Matsuo, Edited by
KEIGLAD, Keio Institute for Global Law and Department, Keio University, Japan, Pg 3
- 86 -

INTERNATIONAL STUDENT EXCHANGE PROGRAMS FOR LEGAL EDUCATION AT UNIVERSITY OF YANGON Singapore Management University (SMU) Law School University of Toulouse I, France and UNDP partnering BABSEA CLE (Bridges Across Borders Southeast
Asia Community Legal Education Initiative) (Valid data as of 26 September 2017)

7. Current Students at Law Department (2016-2017)
Academic YearThe number of students at Law Department for the 2016-2017 Academic Yearare as follows; First Year LLB................... 110
 Second Year LLB.................48
 Third Year LLB....................37
 Fourth Year LLB..................50
 First Year Master..................23
 Second Year Master.............24
 MRes....................................13
 PhD Preliminary Course......23
 Thesis (First Year)................21
 Thesis (Second Year)............27
 Thesis (Third Year)..............19
 Thesis (Final Year).................8

8. International Student Exchange Programs
University of Yangon is encouraging international exchange of both students
and teachers. An effective way to implement the exchange between students andteachers of the University of Yangon is to enter into MOU or MOA.
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Studying abroad opportunities for students increased in 2015, in UY. Most
students involved in study abroad are at College or University. A well-designed
program combines academic learning, socio-cultural experiences, sightseeing
and sometimes community services. As for the Law Department, one first year
master student was selected to participate in the Japan-East Asia Network of Exchange for Students and Youths which was sponsored by the Japanese Government in 2015. She was given the opportunity to study at Tokyo Women Colleges.
Since 2015, 18 students from the Law Department have been given the chance
to study abroad (short term/long term program). Eight students had the chance
to study in Japan; such as at the Tokyo Women Colleges, Waseda University andMusashino University, Josai University, Nagoya University and Keio University.
In addition, four students participated to the Rule of Law and Sustainable Development Workshop in the Thailand Institute of Justice. One student received ascholarship to attend Law studies at Manchester University, England. One student attended the ASEAN Intergovernmental Commission Human Rights 2015
at National University of Singapore. Two students studied at Busan University,
Korea and two students had the opportunity to participate to the IHL Moot Court
competition in Hong Kong. For most of the students who went abroad, this was
the very first time they left Myanmar. But many students cannot be given the opportunity to participate in international students exchange programs. Increased
participation is needed, to enable foreign exposure and improvement. Students
who are able to participate derive a lot of benefits but also face many challenges.

9. Benefits of International Student Exchange Programsa. Increased Self-confidenceInternational students on an International Student Exchange Programs haveto leave their home and explore a foreign country totally unknown to them. They
also learn to adapt to unfamiliar surroundings and living conditions. As a result,they become bolder and more confident.
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INTERNATIONAL STUDENT EXCHANGE PROGRAMS FOR LEGAL EDUCATION AT UNIVERSITY OF YANGON

b. Improved Academic Performance & Experience from Learning Difficulties
Students have a chance to experience different teaching and different assessments methods applied in another university.
c. Greater Understanding of One’s own Cultural Values
Students who live abroad for an exchange program learn to appreciate thedifferent culture of their host country. They develop a better understanding andappreciation for the nation’s people and history. They also bring their own culture with them. As a result, their hosts can learn about and become familiar withthat culture.
d. Opportunity to Study Foreign Language
Studying abroad grants the students the opportunity to completely immensethemselves in a new language. There is no better way to learn.
e. Improve Career Prospects
Student exchange programs improve the career prospect of participants. Because of their access to broader perspectives and their exposure to international
communities, they can be sought after by companies that operate in different
parts of the world.
f. Life Experience
Students can access opportunities to travel abroad for a long time. Eventually
they can find a good job and career. The opportunity to study abroad may turnout to be a once in a life time experience.
g. Foreign Exposure
Students can access the chance to participate in discussions, workshops andpresentations in a foreign country.

10. Challenges to International Student Exchange Programs
Despite the advantages of international education, international students
encounter a wide range of issues when they live and study abroad. Those issues
are generally related to language difficulties, adaptation to a new learning sys- 89 -tem, psychological problems such as homesickness, discrimination, and feelingisolated. Socio-cultural problems in relation to health care and financial systems
are also experienced. Other issues include financial difficulties, depression, andculture shock.
a. Language Issues
Language difficulties seem to be the one of challenging issues experienced
by international students. For example. Filling forms for registration at the University was difficult for foreign students difficult as they were written in Japanese; but teachers and staffs translated for them. All students can access the paper and machine (computers, photocopying machines?) for free at the University.
This meant they had to do all these things by themselves. Only the Japanese fontis installed on every computer at University. So student who wants to print out or
copy paper, face a language problem.
b. Adaptation to a New Learning and Assessments System
In Myanmar, final exams are done in exam rooms. In Japan, final exams are
not done in exam room. Students have to submit reports and make presentations
as mid-term exams and final exams.
c. Differences in Culture and Practices (Culture Shock)Students encounter a range of socio-cultural barriers and social issues. International students face difficulty in forming new friendships with local citizens
due to cultural differences and language barriers.
d. Financial Issues
Important issues for international students are insufficient funding and currency differences. They may also face basic welfare issues. As Myanmar currency is lower than Japanese currency, prices are higher and things are expensive
for Myanmar students. Insufficient funds has led some international students togive depression.
e. Academic Credit Transfer
The main challenge to for credit transfer and accompanying student mobility
in Asian nations seems to be harmonizing of the existing higher education systems. Therefore, it is better to harmonize and work with existing systems rather- 90 -

INTERNATIONAL STUDENT EXCHANGE PROGRAMS FOR LEGAL EDUCATION AT UNIVERSITY OF YANGON

than to create a new one.
f. Different Academic Calendars
A rigid curriculum makes credit transfer difficult for students who participate in mobility programs. The existence of two different academic calendars in
Asian states also present an important difficulty for mobility within as well as
outside the region. In order to foster mobility universities in the region will haveto move towards a more international academic calendar: September to December, and February to early June. This will make the academic calendar compatible for the Asian region.

11. Conclusion
To help reduce these difficulties, policy makers, faculty members, and counselors should expand effort to meet international student needs and address theparticular issues of international students, particularly those involving work,
government relationships, social integration, and language support. Also, academic higher institutions and hosting countries should collaborate to increase international students’ awareness of host countries’ society and help international
students to integrate and contribute to these societies.

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Chapter 7

COMPARATIVELEGAL EDUCATION:
Challenges for Studying Law Abroad

Khin Phone Myint Kyu*
(University of Yangon)

1. Introduction
A legal education is the study of principles, practices, and theories of law.
In Myanmar, we can study the law in two ways. First, is the pursuit of a LL.B.
degree for on-campus students, and the second is enrollment in distance learning courses. Sixteen Departments in different areas of Myanmar are on-campus
teaching Universities and another two are distance teaching Universities in different area of Myanmar.
Academic staff exchange programs play an important role in enhancing thecapacity, not only of the teachers but also of the students. To implement this program, we need to sign Memoranda of Understanding (MoU) or Memoranda ofAgreement (MoA) with partner universities. Before signing a MoU or the MoA,
we need to negotiate thoroughly and set the terms of the agreement.

* Professor, Department of Law, University of Yangon, Myanmar.
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2. Facts about the University of Yangon
The University of Yangon was established on December 1, 1920. Thus, itis the oldest national university in Myanmar. There are twenty-one academic
departments, each headed by a professor. Thirteen departments are for the arts,
namely the Anthropology, Archaeology, English, Geography, History, International Relations, Law, Library and Information Studies, Myanmar, Oriental
Studies, Philosophy, Political Science, and Psychology Departments. The remaining eight are science departments, namely the Botany, Chemistry, Computer Science, Geology, Industrial Chemistry, Mathematics, Physics, and Zoology
Departments.
Since University of Yangon is now an institution for undergraduate andpostgraduate studies, offering B.A. or B.A. (Honours), B.Sc. or B.Sc. (Honours),
LL.B., Post-graduate Diploma, M.A., M.Sc., LL.M., MRes, and Ph.D. degrees.
In the coming academic year, however, the University will no longer offer the
MRes degree.
Each academic year consists of two semesters. The first semester begins in
December and ends in March and the second semester begins in June and ends
in September.
The University of Yangon composes of one rector, two pro-rectors, fifty-two
professors, thirty-nine associate professors, three hundred and eighty lecturers,
two hundred and thirty-nine assistant lecturers, and one hundred and twenty-one
tutors and demonstrators. There are an additional five hundred and fifty administrative staff members in our University.1 In the Department of Law, there are four
professors, fourteen lecturers, eight assistant lecturers, and two tutors. There areno associate professors in the Department of Law.

1

Data as of September, 2017.
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COMPARATIVE LEGAL EDUCATION

3. Human Resource Development Program (HRD)in University of Yangon
Since 1998, the University of Yangon has implemented the HRD Program.
Under this program, the University of Yangon provides Diploma Courses incomputer science, geology, international relations, law, oriental studies, geography, and history to help to develop the skills and education of the technicians andintellectuals needed in the community. Aside from these HRD Diploma Courses,
the University also provides HRD Master’s Degrees in computer science (webbased teaching systems) and business law.
The Post-Graduate Diploma Program has been offered by the Departmentof Law under the HRD Program since 2004. The Department has four diploma
courses; these are the Diploma in Business Law, International Law, Maritime
Law, and Intellectual Property Law. These are offered as part-time courses in theearly morning, 7:00 am to 9:00 am. Any graduate is entitled to attend in these
diploma courses, but they must sit for the entrance exam. These diploma courses
last one year (two semesters).
Moreover, our department offers a Master of Arts in Business Law under the
HRD Program. This is full-time course and lasts two years (four semesters). In
order to attend this master’s course, it is necessary to have graduate diploma inbusiness law and pass an entrance examination.

4. Regular Programs of Study at the University of Yangon
The University of Yangon initiated doctorate courses in the 1994–1995 Academic Year. However, the Department of Law started to offer a five-year Ph.D.
program in 1999. The first year is devoted to studying preliminary theory and thelast four years are devoted to the preparation of a candidate’s dissertation.
The Department of Law also provides LL.B., LL.M., and MRes. degrees. At
the master’s level, the Department of Law offers four specializations: the Civil- 95 -

Law Specialization, International Law Specialization, Maritime Law Specialization, and Commercial Law Specialization. We can accept ten candidates for eachspecialization each academic year.

5. International Collaboration for Capacity Building
The University of Yangon has two international collaboration programs forcapacity building. One is visiting fellow program, and the other is long-term collaboration program.
Under the visiting fellow program, the university participates in a scholar exchanges in the International Relations, Law, and Archaeology Departments, supported by Open Society Foundations (OSF), and the Visiting Professor Program
through the ASEAN University Network-Southeast Asia Engineering Education
Development Network (AUN-SEED/Net) Program. In 2014, our university has
established an e-Library with the support of OSF.
For the long-term collaboration program, the University entered the ASEAN
University Network (AUN) in 2012. Through this network, the University is
conducting AUN-QA training and implementation and a AUN/SEED-Net Scholarship Program. The University of Yangon is collaborating with Chung Ang
University, Korea; Hanyang University, Korea; Nagoya University, Japan; andCologne University, Germany. Among these, the Department of Law has collaborated with Nagoya University.
The University of Yangon has signed fifty four agreements, MoUs and MoAs,
with international institutions and foreign universities.2
In order to enter into one of these agreements, a foreign university needs tosend proposal to sign a MoU or MoA to the University of Yangon. After receiving the proposal, the University of Yangon submits it to our University Senate,accompanied with the suggestion of the Department of Law. It is then submitted
2

Appendix I- 96 -

COMPARATIVE LEGAL EDUCATION

to the Ministry of Education through the Department of Higher Education for
their permission. During this process, the proposal is also assessed by the MoU
and MoA Assessment Board, and then the two universities can negotiate, according to the assessment of said Board. After receiving permission, we can hold thesigning ceremony. This is a very long process.
Since the University of Yangon is a government financed university, all of theteaching staff are civil servants. Therefore, the teaching staff who want to study
law cannot go abroad without permission. The application process to receive permission is not easy because it has many steps and takes a long time.
First, it is necessary to receive an official invitation letter for the respective
participant to attend a seminar, workshop, or master’s or Ph.D. course to the respective participant through the Myanmar Embassy in the foreign country. After
receiving the invitation letter, the candidate must apply through a bureaucratic
channel to receive permission from the Myanmar government. The application
procedure takes about two months. The candidate applies to University Senate togain the approval of the senators. If all of the senators agree, the application submitted to the Ministry of Education and the Cabinet through the Department ofHigher Education (Lower/Upper Myanmar Branch). After receiving permission,
the candidate applies for a deputation order, an official passport, and a visa. Evenif a candidate already has an official passport, it is necessary to renew it.
If a foreigner from collaborating university wants to study at the University
of Yangon, he must send an offer letter with his curricular vitae, a copy of passport, and a recommendation letter through the relevant university and academic
department. The relevant department must apply for him through the Senate to
the Ministry of Education to receive permission. After permission is granted, theUniversity of Yangon sends invitation letter to the applicant.

6. International Exchange Program for Legal Education
In order to implement the international exchange program for legal educa- 97 -tion, not only for teaching staff but also for students, it is necessary to sign a
Memorandum of Understanding (MoU) or Memorandum of Agreement (MoA)
between the University of Yangon and the foreign university. If there is a MoU
or MoA between the two universities, it will be easier to carry out the exchange
program.
The University of Yangon has already collaborated with many foreign universities under MoUs for student exchange programs and foreign lectures. Under
the MoUs between University of Yangon and (1) Nagoya University, (2) the National University of Singapore Faculty of Law and Singapore Management University School of Law, (3) Bridges Across Borders Southeast Asia Community
Legal Education (BABSEA CLE), and (4) Chuo University, the Department of
Law is conducting student exchange programs.
The Department of Law of the University of Yangon received one student
from Chuo University for an academic year and sent two law students to Nagoya
University for six months. Even though the University of Yangon has experiencein student exchange, no legal teaching staff have participated in long-term exchanges (a semester or longer).
Under the MoU with Nagoya University, the Myanmar-Japan Legal ResearchCenter was established on the University of Yangon campus. A series of seminars
on different areas of law are conducted by the Center and Japanese Law Professors give lectures on different subjects. Furthermore, many law professors fromdifferent foreign universities (such as Australia National University, National
University of Singapore, Central European University, and Colombia University)
have visited our Department and provided training, seminars, workshops, andlectures to improve the capacity of the teaching staff in particular fields of law.
Most of the training is on the topic of international human rights law, comparative constitutional law, international law, international environmental law, ruleof law, and law of contracts. Besides these training opportunities, both the centre
and foreign teachers gave special training to upgrade the curriculum design.
The Clinical Legal Education (CLE) program sponsored by the United Nations
Development Programme (UNDP) provided training for teaching staff, not only
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COMPARATIVE LEGAL EDUCATION

to improve legal education but also to have an opportunity to learn new teaching
methods. The CLE program provided the opportunity for teaching staff to attend a pro bono workshop and other trainings held in different foreign countries.
Thus, many teaching staff can receive not only training and experience but also
foreign exposure.
Although we do not have a long-term teaching staff exchange program, many
foreign universities, such as Columbia University in the United States, the University de Toulouse in France, Oxford University in the United Kingdom, theCentral European University, the Australian National University, the National
University of Singapore, Singapore Management University, Nagoya University
in Japan, and Ho Chi Minh University in Vietnam have invited the teaching staff
to make presentations and provide special lectures related to Myanmar law andlegal education in Myanmar. Moreover, young teaching staff can receive scholarships in foreign universities for a master’s or doctoral degree.
Teaching staff exchange programs and scholarship programs provide not
only a cultural learning experience but also provide the means for expanding andenriching a teacher’s pedagogical expertise. Moreover, teaching staff can learn
about different classroom cultures and teaching methodologies, such as role play,short presentations, and small group discussions. Furthermore, they can learn
how to manage their lecture time by using effective teaching methods. Whenthey return to their Departments, they can share their experience with their students and colleagues.

7. Problems and Obstacles for Further Developmentof International Exchange Programs
Most of the scholarship program invitations arrive in the hands of candidates
the day before the deadline, and sometimes even on or after the deadline. So, it isnecessary to send them as early as possible because of the long application procedure.
- 99 -

We can find scholarship programs from university websites. But, if Myanmar
teaching staff tried independently to apply for a scholarship program on a website, it will take more time and raise more challenges to gain permission. Because
it is out of the proper channel.

8. Conclusion
Staff exchange programs have been properly developed in the course of Myanmar language, and it is still an ongoing process. However, for the legal field,
there is no established practice for staff exchange.
It is necessary to initiate a staff exchange program for the legal field. In orderto implement a staff exchange program effectively, it is necessary for universities
to sign MOU/MOAs.

Appendix I
List of Agreements and MoUs with International Institutions and Foreign Universities:
1. Cologne University, Germany (2003)
2. Thepsatri Rajabhat University, Thailand (4/9/2013)
3. Hankuk University of Foreign Studies, Korea (5/3/2013)
4. Korea Foundation for Advanced Studies (6/13/2013)
5. Nagoya University, Japan (6/29/2013)
6. Australia National University (9/9/2013)
7. National University of Singapore Faculty of Law and Singapore Management University School of Law (2/18/2014)
8. Chonnam National University, Korea (2/24/2014)
9. Korea Research Institute of Bioscience and Biotechnology (2/25/ 2014 )10. Hanyang University, Korea (2/27/2014)- 100 -

COMPARATIVE LEGAL EDUCATION

11. Yunnam Normal University, China (6/5/2014)12. Passau University, Germany (6/14/2014)
13. Oxford University, United Kingdom (7/15/2014)
14. Tokyo University of Foreign Studies, Japan (8/6/2014)15. Bridges Across Borders Southeast Asia Community Legal Education(BABSEA CLE) (8/12/2014)
16. Chung-Ang University, Korea (8/15/2014)
17. United Overseas Bank, Singapore (8/28/2014)
18. Akita University, Japan (8/19/2014)
19. Kansai University of International Studies, Japan (10/28/2014)20. Jeju National University, Korea (11/7/2014)
21. Beijing Foreign Studies University, China (1/14/2015)22. Srinakharinwirot University, Thailand (1/28/2015)
23. Kokushikan University, Japan (2/27/2015)
24. University of Wollongong, Australia (3/6/2015)
25. Chuo University, Japan (3/19/2015)
26. Chiang Mai University, Thailand (4/24/2015)27. National Institute of Medicinal Materials (NIMM), Vietnam (5/8/2015)
28. Waseda University, Japan (5/14/2015)29. Busan University of Foreign Studies, Korea (5/27/2015)
30. Osaka University, Japan (6/18/2015)
31. Tokyo University of Marine Science and Technology, Japan (7/1/2015)32. Yunnan Minzu University, China (7/3/2015)33.		Chung Yuan Christian University, Taiwan (7/8/2015)34.		
National Pingtun University of Science and Technology, Taiwan(7/8/2015)35. POSCO TJ Park Foundation, Korea (7/21/2015)36.		Southern Taiwan University of Science and Technology (8/7/2015)
37. Chinese Culture University, Taiwan (8/5/2015)38.		Feng Chia University, Taiwan (8/7/2015)
39.		National Taiwan Ocean University (8/14/2015)- 101 -

40.		Josai University Corporation, Japan (8/25/2015)41.		School of Chemical & Life Sciences Nanyang Polytechnic (9/1/2015)42.		Norway David Taw Scholarship Fund Programme (9/4/2015)43.		Oslo and Akershus University College of Applied Science, Faculty of Social Sciences, Norway (9/10/2015)44.		Kyushu University, Japan (9/18/2015)45.		Kyoto University, Japan (9/22/2015)46.		Osaka University of Economics and Law, Japan (7/8/2015)
47. Guangdong University of Foreign Studies, China (1/20/2016)
48. Zeppelin University, Germany (2/29/2016)49.		Central European University, Hungary (4/3/2016)50.		The Institute of Geography and Geology at ERNST-MORITZ-ARNDTUniversity Greifswald, Germany (2/5/16)
51.		National Taipei University, Taiwan (6/6/16)
52.		Midwest University, American (6/17/16)
53.		National Chi Nan University, Taiwan (7/4/16)
54.		Baoshan University, China (6/27/16)- 102 -

Chapter 8

GLOBALIZINGJAPANESE LEGAL EDUCATIONAT KEIO UNIVERSITY LAW SCHOOL (“KLS”):
Exchange and Double Degree Arrangements as One Arrow in the QuiverDavid G. Litt*(Keio University)

1. Introduction
Japanese universities, supported by the Japanese education bureaucracy, recognize a need to “globalize” further in order to achieve a number of different objectives. Different objectives may require different methods, and may rest uponvarying interpretations of the term “globalize”. The objectives include:•

To better prepare students for a world in which they will need to function
across borders and cultures.

•

To better meet companies’ and other employers’ needs for future staff inorder to compete and prosper in a globalized economy.

•

To elevate the global profiles (and, inevitably, rankings) of top Japanese
universities as one method to retain the best researchers and attract
funding, so that Japanese universities can be leading global centers of
research and teaching in many fields.

* Professor of Law, Keio University Law School.
- 103 -

2. The 2004 Legal Education Reform andthe Japanese Law School SystemAs others have described, Japan launched its new law schools and reform of
the legal education and qualification system in 2004.1 The reform was intended
to produce a legal profession better able to meet the needs of business and society, and to attract larger numbers of talented individuals into the profession,
including individuals who had studied other subjects as undergraduates, and who
had even worked in different fields before entering law school.
The 2004 reform, as implemented, is often viewed critically. Many more law
schools than were needed—74 law schools in all—opened their doors. Fewerthan half that number would have sufficed. To make matters worse, the reform
was designed in an environment of rapidly expanding demand for all kinds of legal services, but the first classes of the new Juris Doctor (JD) program graduatesentered the job market just at the start of the global financial crisis, as demand
for new lawyers in Japan, the United States and much of Europe fell more than at
any time in the prior twenty-five years.
Even those students who successfully completed a JD program and passed
the bar exam faced weak employment prospects for a number of years during
and after the global financial crisis. The 2004 reform had initially been plannedwith a target eventually to produce 3000 new legal professionals—lawyers, judges and prosecutors—each year. But the number never exceeded 2500, and was
cut back by 2016 to its current level of just over 1500 successful bar exam takers
per year.2
Needless to say, with too many schools, too many graduates, and a lower

1

For a description of the Japanese legal education and bar qualification system up to the2004 reform, see Kahei Rokumoto, Legal Education, in Daniele H. Foote ed., Law in Japan:
a turning point, University of Washington Press, 2007, Chapter 8, pp. 191-232.
2

For an excellent discussion of the implementation of the 2004 reform and its near-term

results, see Daniele H. Foote, “The Trials and Tribulations of Japan’s Legal Education Reform,” Hastings International & Comparative Law Review, Volume 36, 2013, pp. 369-442.
- 104 -GLOBALIZING JAPANESE LEGAL EDUCATION AT KEIO UNIVERSITY LAW SCHOOL (“KLS”)

than anticipated cap on successful bar exam takers, many students’ hopes weredisappointed, as the bar passage rate eventually fell into the 20-25% range, far
below the “U.S.-style” bar exam with a 75% passage rate that had been anticipated when the system was planned.
In Japan, in order to sit for the national bar exam an individual must have
either received a JD from one of the Japanese law schools or passed a special
preliminary exam (known in Japanese as the “yobi shiken”). Over 95% of thosesitting for the bar each year have gone the JD route. But the yobi shiken is a very
good predictor of success on the bar exam, so the bar exam passage rate is muchhigher for those who qualify to sit for the bar based upon the yobi shiken, andsuch applicants exceed 10% of total successful bar applicants in recent years.
As a result of the low overall bar exam passage rate, most JD students at Japanese law schools focus their effort upon preparation for the bar exam, more thanon acquiring knowledge and skills that will serve them best in legal practice.
And despite the 2004 reform, most law students and new lawyers today do nothave degrees in other subjects as undergraduates, nor work experience. As before 2004, most study law as undergraduates. And most go to law school directly
after completing an undergraduate program or, if they pass the yobi shiken, evenskip or withdraw from a JD program.
Despite these continuing concerns, in 2017, over a decade after the first JD
class graduated, we can see many positive benefits of the 2004 reform, including•

A much larger and more diverse bar of practicing lawyers;•

a new, large group of professionally trained in-house lawyers working
within Japanese corporations;•many lawyers working within Japanese government agencies; and•a greater ability of the Japanese bar to meet needs of consumers of legal
services across the entire spectrum, from individuals’ need for basic, affordable legal services to businesses’ need for advice and implementationof extremely complex transactions.

Similarly, now that almost half of the law schools launched in 2004 haveclosed their doors, the legal education system is much closer to the “right size” to- 105 -

meet the needs of its various constituencies.
And one of many benefits of the post-2004 reform system is the opportunity
for more international, globally relevant education.

3. Keio University Law School (“KLS”) Programs
KLS offers a variety of international programs, aimed at a number of different student constituencies. I will focus on the programs and exchange opportunities that KLS offers with instruction in English language.
We have two groups of degree students at KLS, and also various non-degree
students, whom these programs serve.

3.1 KLS JD Program
The JD program at Keio includes a 3-year course, which is the standard requirement, and a 2-year course for those who have studied law as undergraduates(receiving an LL.B. or equivalent) and passed a placement test. In fact, the 2-year
course is now much more popular than the 3-year one. There are just under 200
students per class year in the KLS JD program.
As noted above, a Japanese law school program is designed to prepare students to become legal professionals in Japan—lawyers, judges and prosecutors.
KLS graduates included 152 successful bar exam takers in 2016, and 144 in 2017.
In both these years, KLS had more successful bar exam takers than any otherlaw school in Japan. Typically in recent years, between 45 and 50 percent of KLS
graduates who sit for the bar exam will pass each year, and graduates may sit for
the exam up to three years. The passage rate is much higher for those with highgrades/GPAs, for those who studied law as undergraduates and then completed
the 2-year JD course, and for first-time exam takers.

3.2 KLS LL.M. in Global Legal PracticeIn April, 2017, KLS added a second program, the LL.M. in Global Legal- 106 -GLOBALIZING JAPANESE LEGAL EDUCATION AT KEIO UNIVERSITY LAW SCHOOL (“KLS”)

Practice. This program is outlined by Prof. Rikako Watai in the previous volume
in this series.3
In its second semester of operation Fall term of 2017, the LL.M. program now
has 25 students, and its eventual target is 30. Of the current students, 8 are Japanese and 17 non-Japanese. The non-Japanese are mostly practicing attorneys,
and come from many countries, among others: Brazil, China, France, Germany,
Kenya, Singapore, Switzerland, Thailand, the United States, and Vietnam). The
LL.M. is designed so that it can be completed in one academic year. Students
who attend the program part-time while working will typically require longer (1.5or 2 years, or longer). In April, 2018, the LL.M. program will implement Certificates in Business Law, International Dispute Resolution, and Japanese Law, as
discussed below.

3.3 Keio Non-KLS Programs in Law
KLS was set up in 2004 as a new professional school, but Keio University
retains other significant law-focused programs.
Keio maintains a Faculty of Law, which continues to offer a very large andpopular LL.B. program for undergraduates. The first two years of this program
are taught at the Hiyoshi Campus, in between Tokyo and central Yokohama,
while the latter two years are at the Mita Campus in central Tokyo, where KLS is
located.
In addition to the graduate programs at KLS, Keio maintains a Graduate
School of Law. The Graduate School of Law continues to offer Master and Ph.D.
programs for those who pursue law as an academic subject, while KLS focuseson professional training for practitioners.
The faculty, organizations and programs of KLS and the Graduate Schoolof Law are distinct, though there is a great deal of overlap, including many KLS

3

R. Watai, Current Status of Legal Education in Japan, in Keio Institute for Global Law andDevelopment (KEIGLAD) ed., Comparative Legal Education from Asian Perspective, 2017,
pp. 131-142.
- 107 -

professors who teach classes in the Faculty of Law or Graduate School of Law,
and Faculty of Law/Graduate School of Law professors who also teach classes at
KLS.4
Finally, Keio has other programs that overlap significantly with what might,
in some other countries, fall within a law school. An example is Keio’s Faculty of
Policy Management, which focuses on inter-disciplinary study of public policy
but includes much study of law and regulation.

3.4 Inbound Exchange Students
Inbound exchange students are another important group for KLS’ English
language law offerings. Typically, we host 10 to 20 exchange students fromaround the globe each term studying at KLS. The number is slightly larger in thefall than spring. In the Fall of 2017, we are hosting 20 exchange students at KLS.
A list of law schools with which KLS has exchange agreements in place is set
forth below at Table 1.
3.4.1 Types of In-Bound Exchanges to Keio
Some exchange students come for a semester and others for a full year. Whileat KLS, many of these students also study Japanese language intensively, taking
advantage of Keio’s university-wide Japanese language training offerings for exchange and other international students.
We also offer some short-term inbound exchanges, especially under the
PAGLEP arrangements. These include several students who have come for shortterm exchange in advance of a semester, or for internships, or as part of a group
to participate in a concentrated course on a topic of interest.

4

For law schools located within private universities in Japan, this structure of a separate (1)law school and (2) faculty of law/graduate school of law, is typical. It is based upon compliance with government regulations for the law schools. Thus, when law schools within private
universities have closed down in Japan, typically the university continues to maintain afaculty of law program for undergraduates and, in many cases, a graduate school of law for
master’s and Ph.D. candidates.
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Table 1KLS Cooperation Agreements (non-PAGLEP)(Most but not all these agreements include student exchange)
Cornell University
Georgetown University
The College of William and Mary
University of California, Los Angeles
University of Illinois
University of Auckland
University of British Columbia
Sciences Po
Panthéon-Assas Paris II University
Ewha Womans University
Yonsei University
Sogang University
Chonnam National University
University of Zurich
The University Paris 13
Humboldt-Universität zu Berlin
Chung-Ang University
University of Malta
University of Washington
Sungkyunkwan University
Tsinghua University
National Taiwan University
Singapore Management University
Freiburg University
City University London
Universität Hamburg, Fakultät für Rechts-wissenschaft
University of Washington School of Law
Seoul National University School of Law
Université Libre de Bruxelles
Also there many Keio university-wide cooperation and exchange
agreements that include KLS potentially. (For example: Melbourne
University has an agreement with Keio which could potentially include law school students from both institutions). Keio overall has
exchange students from nearly 70 countries.
- 109 -

3.4.2 Why does Keio support so many in-bound exchanges?
Typically KLS exchange agreements provide for “balance” of inbound andoutbound students, and mutual waiver of tuition at the “host” school. This allows
students to go on exchange without worry of different tuition levels, and is theglobal standard for these kinds of arrangements.
In the case of KLS, however, as noted below, there are many, many moreinbound exchanges than outbound. Thus, KLS is in essence offering “free” education for a number of students coming to Japan on exchange. While there arelimits to the extent of imbalance that can be sustained, there are good reasons toat least allow some excess and to welcome inbound students.
First, the exchange relationship builds a long-term network for collaboration
at all levels, in and outside of the university. These create rich opportunities foroutbound exchanges, and in many cases, all a Keio student or faculty member
needs to do is to ask in order to take advantage of one of these.
Second, the presence of very strong exchange students from many of the best
universities around the globe can assist in globalization of Japan and of Keio
University, as the exchange students participate in Keio programs of many types
together with Japanese students.
The exchange students who come to KLS often form long-term engagementwith Japan, in which Keio plays an important part. There are former KLS exchange students now working in many law firms and companies in Tokyo, and,indeed, teaching courses at KLS on topics related to business law, mergers & acquisitions, and international dispute resolution. Even when inbound students do
not remain in, or return to, Japan, many have a lasting engagement working withJapanese companies, colleagues or collaborators back in their home countries.

3.5 Recurrent Education
Many KLS international subjects taught in English are open to limited numbers of practicing attorneys for “recurrent” (or “continuing”) legal education.
The recurrent “monitor” program allows Japanese lawyers who did not takeadvantage of English language, international, elective courses while in law- 110 -GLOBALIZING JAPANESE LEGAL EDUCATION AT KEIO UNIVERSITY LAW SCHOOL (“KLS”)

school to do so later on. These students are typically in law firms or corporate legal departments and find themselves in need of the skill training that KLS offers,
and we are delighted to include them in order to better serve the needs of the Japanese legal profession. We also find that having experienced practitioners in theclassroom can add significantly to discussion of legal practice.

3.6 Typical Class Composition
Thus, a typical class taught at KLS with instruction in English in the Fall
term of 2017 might have:•

10 to 12 LL.M. students, perhaps 4 Japanese and 6 to 8 non-Japanese,many of whom are practictioners;•

8 graduate-level exchange students from law schools such as Georgetown, UCLA and Cornell (U.S.A), University of British Columbia (Canada), Humboldt University Berlin (Germany), University of Zurich (Switzerland), Tsinghua (Beijing), and Hanoi (Vietnam);•

4 KLS JD students, all Japanese; and•5 “recurrent” students who are practicing Japanese lawyers.

We can thus offer a very international classroom, with students from many countries and with a range of practical experience.

4. Out-bound Exchanges from Keio

4.1 KLS JD Student Outbound Exchanges
Almost all KLS JD students are reluctant to go on semester-length exchanges. Since the bar exam in Japan is given only once each year, and they cannot
easily complete enough courses while on exchange to stay “on track” for the JD
program in Japan, an overseas exchange typically extends their JD education by
one or two semesters and delays their bar exam by a year.
Employers in Japan seem to place an emphasis on students who get through- 111 -

the educational system and bar exam quickly, so students perceive delay as not
only costing them time and money, but also potentially hurting their immediate
post-graduation career prospects.
4.1.1 Semester and Full-Year Abroad
Some students, however, do take longer exchanges. To give a few examples:
This year we have one JD student on exchange for a term at Georgetown
Law Center. This student started law school Fall term, so she can take an extra
semester in law school and still graduate in Spring term and sit for the bar examin May, without delaying her bar exam by a year.
We also last year had a JD student law year who attended the LL.M. programat UCLA. The student’s legal education and time to full-time employment will be
extended by one year, but if all works out he will begin his legal career in Japan
with both a KLS JD and he a UCLA LL.M, and he will be admitted to both theJapan and New York bars. (In fact, he has received the UCLA LL.M. and passed
the New York State bar exam, so is well on the way to implementing these plans.)
4.1.2 Shorter Term Options
Because of the reluctance of students in Japan to delay graduation and bar
exam dates as a result of exchanges, we also offer some other options so thatJapanese JD students can get exchange and other legal education experiences
outside Japan. A few recent examples follow.
4.1.2.1 University of Washington Summer Institute in Transnational Law
This program, held at the beginning of September every year, offers a twoand-a-half week introduction to American law. Most of the participants in the
program are lawyers from around the globe who are about to start the Universityof Washington LL.M. programs.
Typically, we will send four to six KLS students or recent graduates to participate, as part of our cooperation with the University of Washington School of
Law. Many years, a KLS faculty member has taught some of the lectures as well.
- 112 -GLOBALIZING JAPANESE LEGAL EDUCATION AT KEIO UNIVERSITY LAW SCHOOL (“KLS”)

The timing of this program works well not only for current KLS JD students, but for students who obtain their JD in March, take the bar exam in May,
complete a short summer internship to line up employment, and then have a gap
until they will start the Supreme Court Legal Research and Training Institute 12
month practical training program in December. Again, students who did not havean opportunity to pursue international programs before sitting for the bar exam
can do so during this “gap period”, with some support from KLS.
4.1.2.2 Melbourne University Law School “Summer School”
This year KLS participated in what had been a longstanding program between the Law Schools of Chuo University and Melbourne University. The program was designed as a class for which a small group of KLS students obtained
course credit, with participation and supervision of KLS faculty, but the focus
was on Australian law and the Australian legal system, with guest lectures bymany Melbourne Law School faculty and visits to courts and law firms in Melbourne.
The program was held in February, in the break between KLS Fall andSpring terms and during Melbourne’s southern hemisphere summer vacation.
4.1.2.3 PAGLEP Exchanges
In March 2017 and again in September 2017, KLS faculty led a group of KLS
students to visit law schools in Vietnam, Cambodia and Thailand, as part of the
PAGLEP exchange program. These programs offer an intensive opportunity for
KLS Japanese JD (and, in the future, KLS LL.M.) students, to learn about thelegal systems in Southeast Asia, to understand the role of law in economic development, and to form friendships that can become future professional collaborations.
4.1.2.4 International Internships
KLS also offers a limited number of internships at international and foreign
institutions, generally between Fall and Spring term. In recent years, students- 113 -

have completed internships at international organizations involved with cooperation related to outer space and global communication networks. We also now
have secured potential opportunities for our LL.M. students to intern with theSingapore courts, in particular the Singapore International Commercial Court.

4.2 LL.M. Exchange Outbound
LL.M. students appear more willing to go on outbound exchanges, and wehope to send our first next Spring.
Especially for Japanese students, we want to encourage a semester exchange
as a way to achieve the goals of the LL.M. program. And some non-Japanese
LL.M. students also want to spend part of their LL.M. period at another elite university to achieve their academic or career goals. The Keio LL.M. allows themto spend a semester at a much more expensive institution while paying relatively
less expensive Keio tuition.
Our LL.M. outbound exchange efforts are still in the early stage, but we havediscovered a few things.
○ The academic calendar is a problem some places, as the students would
need to leave KLS before the end of Fall term, or cannot arrive in time
for the beginning of the relevant term.
○ Availability of courses, or even basic information, in English is a problem some of the universities with which KLS has exchange agreements.
Still, even in non-English speaking countries a significant number of law
schools do have an English language curriculum sufficient to permit an
exchange without local language fluency.
○ For many Japanese students, the TOEFL score requirement at elite US
and other law schools can be an issue. We hope that even if at the timeof entrance into the KLS program a Japanese student’s TOEFL score is
not quite high enough to support admission to an elite U.S. law school’s
LL.M. program, that by studying at KLS for a semester, the student will
improve his or her English capability and be more than able to keep up
with classwork and participate fully on an exchange program during the- 114 -GLOBALIZING JAPANESE LEGAL EDUCATION AT KEIO UNIVERSITY LAW SCHOOL (“KLS”)

second semester of a KLS LL.M.
These are all cautionary points, but we still find that exchange should be possible for our LL.M. students in many cases and for many universities.

4.3 Double Degree LL.M. Program
Our first LL.M. double degree agreement was signed in March, 2017 with the
University of Washington School of Law (“UW”). We have had inquiries fromsome other law schools in Europe and Asia about additional programs and are
in discussions on one, though we need to keep the number very limited until we
can validate the concept and create a good track record with real examples ofstudents who complete the KLS/UW program and find it beneficial.
Typically, a Keio originating student would spend Spring term at KLS, thenFall and Winter quarters at UW, then return to KLS, and obtain an LL.M. fromboth institutions, faster and for lower tuition than if both degrees were obtained
separately.
We also may consider a Keio LL.M. / foreign J.D. double degree programin the future. This structure might effectively convert some future in-bound exchange students into double degree students, with the result that they would needto complete more rigorous program requirements at KLS. It also would likely increase our tuition income somewhat, as we would not waive tuition for students
in a KLS degree program, in constrast to those on bilateral exchanges.
Double degree programs require detailed planning, and we do not yet have a
track record with actual implementation. With regard to the KLS/UW arrangement:○ KLS has a single LL.M. in Global Legal Practice.
○ UW offers LL.M.’s in 7 areas: Intellectual Property, Tax, Asian Law, Development, Business, Health Law, and a General LL.M.
The double degree arrangement allows a KLS student to get the benefits of the
UW specialized programs. Meanwhile, the double degree arrangement allows a
UW LL.M. student with a strong interest in Japan to study in Japan and obtain
both degrees.
- 115 -

4.3.1 Double Degree and US Bar Admission Requirements.
We did not design the double degree program as a way for KLS LL.M. students to satisfy U.S. bar admission educational prerequisites. Those requirementschange from time-to-time, and for some years the New York bar has required
those students seeking admission on the basis of their foreign legal education tospend a full academic year in a LL.M. program in classrooms physically locatedin the United States. Even an American Bar Association (“ABA”) accredited law
school program located outside of the United States is not sufficient. This meansthat a semester studying at KLS does not contribute to meeting New York bar
admission requirements.
While bar admission requirements require a detailed analysis of individual
qualifications, we typically see that for Japanese students who meet the necessary requirements other than the U.S. education component:○ Fall and Winter quarters at UW is not sufficient to meet requirements for
the New York bar. A student would need to spend Spring quarter at UW
also.
○ Spring term at Keio, then Fall and Winter quarters at UW, plus one
Spring quarter course at UW, ought to be sufficient to qualify to sit for
the Washington State Bar, provided that the student meets the other requirements (which, in most cases, would require a Japanese JD or Japanbar membership).
○ To sit for the California Bar, there are no specific LL.M. requirements
for lawyers already admitted overseas, but the exam is very hard withthe highest score requirements of any U.S. state bar. While there is beensome discussion of “lowering the bar” in California by reducing the scorerequirement, this year a proposal to do so was rejected.

- 116 -GLOBALIZING JAPANESE LEGAL EDUCATION AT KEIO UNIVERSITY LAW SCHOOL (“KLS”)

5. Next Steps for KLS Globalization

5.1 Strengthen LL.M. Program and Build a Track Record
We are very happy with the roll-out of our LL.M. program this year. Thatsaid, we cannot coast but must take a number of steps to ensure its future success. Especially, we need to build a track record of satisfied, successful students
and alumni if we want to recruit thirty excellent students each year easily within
Japan and internationally.
We continue to modify and build upon our curriculum, adding additional
faculty and offerings in several core areas. A few items to highlight:○ Specialty certificates. We plan to offer Dean’s Certificates in a number of
specialty areas from 2018 and, if the system works well, to expand it later.
The availability of certificates will encourage students to specialize andfocus their students. A student can explain the LL.M. to a future employer if she can point to an LL.M. in Global Legal Practice with a Certificate
in Business Law or a Certificate in International Dispute Resolution, forexample. This is consistent with global trends in post-graduate legal education.
○ Japanese language curriculum. In the first year of our program, we havenot allowed LL.M. students to access the KLS curriculum taught in Japanese language. We are looking at ways to do this on a limited basis, sothat students from outside Japan who have a strong focus on Japanesestudies and have already achieved Japanese language fluency can take atleast a few of their courses in Japanese, with the J.D. students.
○ Even more practical training and distance learning. We are planning tobring in instructors from various places outside of Tokyo who can offer
further practice experience and classes that give even more practicaltraining than we do now. Further, we remain eager to try some joint distance-learning classes, including with our PAGLEP partner institutions.
We want to give our students a realistic expectation for their future work,- 117 -

and a cross-border negotiation conducted mostly on a “virtual” basis, is acommonplace occurrence outside of the university, and so must becomecommon within the university as well.

5.2 Networks?
In 2015 we were approached about possibly joining with a network ofschools, mostly outside of Asia, for exchange programs and an annual jointly
held seminar/class. In the end, we decided that the network would create too
many conflicts with our existing—already underutilized—outbound exchange
partners. That said, if we could find a similar network that did not raise so many
conflicts and that closer matched our existing relationships, it would be a very
efficient way to conduct exchanges and make progress on globalization of ourstudents’ experiences. In this manner, if the PAGLEP network affiliation can beused for programs that we would otherwise need to hold on a purely bi-lateralbasis, it can be very efficient.
Similarly, given that many other Japanese law schools do not have the “criticalmass” to sponsor global programs such as ours, and that we have more programs
available than our students can take advantage of, we think there may be somefuture benefit if we open some international programs to other Japanese law
school participation or offer new programs on a cooperative basis together withother Japanese law schools.

6. Conclusion
KLS has many different efforts underway to globalize the legal education it
offers students, and exchange and double degree arrangements are an importantcomponent of these efforts.

- 118 -

COMMENTS

JAPANESE LAW TAUGHT IN ENGLISH

Susumu Masuda*(Keio University Law School)

1. My Presentation Topic
I am a professor at Keio Law School, teaching Private International Law,
International Dispute Resolution, and International Finance and Securities Regulations. I have been teaching about half of my courses in English to foreign andJapanese students who wish to study those subjects in English.
My role today is to present a concrete teaching methodology that I used in
my English courses at the Keio LL.M. Program in the spring semester, and tohear the panelists’ comments, discussions, and critiques.

2. “Cross-Border Litigation” Course
In the 2017 Spring Semester, I taught a course titled, “Cross-Border Litigation,” which was comprised of 15 sessions, with each session lasting 90 minutes.
The course had 15 enrollees who were very diverse. Fortunately, they included* Professor, Keio University Law School- 121 -

one African student, two from EU countries, one from the USA, three fromSoutheast Asian countries, three from China, and five Japanese students. Unfortunately, no students with a background in Islamic-law enrolled.
More than half of the students were licensed lawyers in their home jurisdictions. Among them, there were three native English speakers, which was fewer
than I had expected. There were 12 students from civil law jurisdictions and only
three from common law jurisdictions. The content of the course is essentially thesame as the content normally included in the Private International Law of Japancourse, which comprises of Japanese laws concerning international civil procedure, conflict of laws, and enforcement of foreign judgments in Japan.

3. My Teaching Methods
The teaching methods that I used in this course included a lecture and seminar style. In the first part of the class, which normally was 30 to 45 minutes, I
lectured on the general explanations of Japanese laws relevant to the day’s topics.
In the second part, which was normally 45 to 60 minutes, I used a seminar style,which included students’ presentations of Japanese court cases, normally twocases per class. Then, we analyzed them and critiqued the judgment under theJapanese law, the students’ respective country’s laws, and the global perspective.
In leading the analysis, I intentionally used the Socratic Method, which is a
US law school-type teaching method with an emphasis on debate and dialog. To
enable students to not only stop sleeping in the class but also participate actively
in the class and improve their ability to think about and present the law by themselves, I assigned topics and cases to be discussed in each class, and the students
were required to prepare for the class in advance. Even though it sounds good,
this method was very difficult for me to use.

- 122 -JAPANESE LAW TAUGHT IN ENGLISH

4. Difficulty (1) – Different Backgrounds
One of the difficulties that I experienced using this teaching method wasmanaging the different backgrounds of the students. First, the structure of laws
and legal concepts differed greatly between the civil law system and the common law system. Additionally, the level of globalization in their home countries
varied, which was very relevant to the subject of cross-border litigation.
For example, civil law jurisdictions only have only one source of law, whichis legislative law. Thus, as Japan is a civil law country, I always introduced Japanese law by repeatedly citing a provision in Code or Act and then explaining whythat provision was enacted and how to interpret the wording to apply it to thecase in front of us. The students from civil law jurisdictions easily understood
my explanations and accepted this method very well because their ways of thinking were very similar.
However, the students from the common law countries always had difficulty
and probably felt uneasy about these explanations because they normally perceived that laws were not predetermined in legislations, but were found in court
cases. This was the approach of law that was taught in their law schools. Because
the common law is not written in a legislative form, their natural approach tothinking about law was through the facts of cases and the analysis of court opinions before referring directly to legislation.
However, this fundamental difference was the major reason that I adopted
the lecture and seminar-style teaching in my English classes.

5. Difficulty (2) – English Materials for Japanese Laws
In addition, finding adequate reading materials in English was also challenging. This difficulty seemed to be exasperated by the subject. Cross-border
litigation is not a fundamental subject like constitutional law, civil law, and commercial law in Japan. Although it is one of the selected subjects in the Japanese- 123 -

national law examination, it is still not regarded as a major one.
Therefore, it is very hard to find reading materials on this subject in English.
Depending on the topic or occasion, I used US or UK legal texts and materials,
such as the Nutshell series, which was very handy and compact.
Another efficient method was the use of comparative legal analysis. If students had already studied the same subject in their home country, it was very
effective because the student already knew the basic role and concepts of thesubject. So, by referring to or citing the legal concept in their home jurisdictions,they generally understood the meanings and functions that the concept had in thesubject being discussed.

6. Difficulty (3) – Language
Finally, the language barrier was challenging to overcome. Everybody mentioned this in the morning sessions of the seminar. While technically language
was an obstacle, practically it was more an issue of preparation. When students
were duly instructed to prepare in advance the reading materials and case presentation, they were very well prepared and completed them successfully in theclasses. In that sense, language barriers were minimized because we could use
legal terminologies as professionals, and we could easily understand each other.

7. Conclusion
At Keio Law School, in both the JD and the LL.M. programs, at the endof the semester, the students evaluate and grade professors and their teaching
methods through questionnaires, and professors are put on notice of the resultsof the questionnaires. This creates pressure for the professors, but overall, mycourse was well received by both foreign and Japanese students. Almost all of
the students had perfect attendance and actively participated in the class. This is- 124 -JAPANESE LAW TAUGHT IN ENGLISH

evidence of the positive outcome of the class, in addition to the responses fromthe questionnaires, which were much better than I had expected.
Finally, I will briefly touch on merits of teaching Japanese laws in English.
Of course, this provides language training for lawyers at the professional level.
For Japanese students, this provides practice translating or presenting Japaneselaws into English, which was a very useful challenge. For foreigners, familiarizing themselves with Japanese legal concepts and terminologies is also valuable
so that when they return to their home countries they are able to explain or use
Japanese laws in their practices. It was also an excellent opportunity for all of us
to exchange legal knowledge from different jurisdictions around the world in thecommon language of English, and to promote friendship among us.

- 125 -

LOGISTICS FOR
THE IMPLEMENTATION OF
INTERNATIONAL EXCHANGE
PROGRAMS
Hitomi Fukasawa*(Keio University Law School)

1. Introduction
To promote international exchange programs, we need to overcome several
challenges. Table 1 illustrates the processes required to apply for the study of law
abroad. According to this table, there are four steps. Step 1 is the conclusion ofa MOU or MOA with foreign universities to develop the international programs.
Step 2 is the selection of students. Through these two steps, we can make fundamental progress in accepting international students. However, international
exchange programs would not be successful through their formation alone. We
also need to improve the study environment, both academically and logistically. In my essay, I briefly explain the current issues, including accommodation,
financial expenses, and language, and how Keio University Law School (KLS)
supports international exchange students logistically. Additionally, I provide suggestions for possible solutions to these challenges.
My observation is based on my working experience at Keio Institute for
Global Law and Development (KEIGLAD). I do not rely on any statistical data;* Researcher of Law at Keio Institute for Global Law and Development (KEIGLAD).
- 127 -

Table 1
This Chart is showing the process study law abroad.
Generally, we can divide 4 steps.
Step 1 is making a condition for exchange program. For example, universities conclude MOA and makestudy programs.
Step 2 is selection of students and preparation for acceptance.
Step 3 is Start of studies. “Start of Studies” has two aspect: 1 is participation for classes the other startlife in Japan.
And step 4 is Completion for study.

however, I believe that this essay is a useful tool for the promotion of international exchange programs.

2. Start Living in Japan

2.1 Accommodation
Safe and reasonably priced accommodations are essential for successful
study abroad programs. In Japan, international students have two options, rental- 128 -

LOGISTICS FOR THE IMPLEMENTATION OF INTERNATIONAL EXCHANGE PROGRAMS

apartment and dormitories.
2.1.1 Apartments
Finding an apartment is quite challenging for international students, not only
because of the monthly rent fee but also because of the unfriendly and complicated lease system for foreigners.
Monthly rent fees differ based on the spaces, location, and other facilities.
The average price of apartments for students range from 65,000 yen (650 USD)
to 80,000 yen (about 800 USD). However, students have to prepare more than
200,000 yen (about 2,000 USD) before they can move to the apartment because,
according to Japanese lease custom, a lessee must pay two or three months ofrent fees as a security deposit.
Moreover, lessors demand that a lessee provide a guarantor when they conclude a contract. Keio University International Department can serve as a guarantor for international students. Usually, one guarantor is enough, although somelessors demand that foreigners conclude a security contract with a rental guarantee company.
Additionally, apartment owners may have a conservative attitude towards
foreigners. Some of them reject foreign lessees, especially ones who cannot communicate in Japanese. These customs and cultures make difficult for international students to find apartments in Japan.
The KLS LL.M. course does not require Japanese language proficiency. The
School has tried to be open for international students; however, Japanese society
is still in the process of accepting globalization.
Even if the Japanese lease system is not friendly, international students haveanother option: dormitories.
2.1.2 Dormitories
In Japan, there are two types of dormitories: university dormitories andprivate dormitories. In this section, my explanation of university dormitories isbased on Keio University.
- 129 -

Advantages of dormitories are they do not require students proficient in Japanese.
Both university and private dormitory facilities are almost same, having
dorm managers, individual rooms, common spaces, and meal services. However,they are different in price and the level of student support provided.
Private dormitories are less expensive than apartments; however, they are
expensive when compared with university dormitories. Moreover, university
dormitories have “Residential Assistant” (RA) students that provide support forinternational students’ daily lives. University dormitories provide good services
for international students.
In conclusion, university dormitories are the best option for international students.
2.1.3 Accommodation Support by KLS
KLS applies for dormitories for international students. However, all students
cannot stay in university dormitories because of the limited number of rooms.
In the Fall Semester 2017, KLS accepted four students from our PAGLEP partner universities, two are official students in the LL.M. course and the others
are exchange students. KLS could only find Keio dormitories for two exchange
students. However, the other two students have to live in private dormitories. We
need to consider possible solution for future programs.
2.1.4 Possible Solution
The accommodation problem cannot be solved at the law school level. Thisissue should be addressed at a university level.
As of April 2017, Keio University has eight dormitories and two new dormitories are under construction. In 2018, Keio University will have ten dormitories
and will be able to accept one thousand five hundred and twenty four students intotal.1 However, it is believed that ten dormitories are still not enough to accept a1

Keio University, “Press Release” (April 17, 2017), https://www.keio.ac.jp/ja/press-releases/- 130 -

LOGISTICS FOR THE IMPLEMENTATION OF INTERNATIONAL EXCHANGE PROGRAMS

significant number of international students.

2.2 Tuition and Cost of Living
2.2.1 Tuition and Cost of Living
The KLS LL.M. course tuition fee is 1,632,240 yen (about 14,360 USD). Because of the cost, it is a difficult for students to decide whether to study in Japanor not.
In addition, students have to pay for living expenses. Japan is known as oneof the most expensive countries in the world. Living expenses differ dependingon each student’s lifestyle. According to the Keio University SFC Global Information and Academic Program, the average monthly living cost, including housing fees, daily meals, and transportation in Kanto area, which includes Tokyo, isabout 154,000 yen (about 1,350 USD)2.
Therefore, it costs approximately, 3,500,000 yen (about 31,255USD) for one
year study in Japan. While, the high financial cost is not the only reason thatstudents choose not to study in Japan, it is a significant deterrent. Some students
decline their admission even though they pass the entrance exam. Universities
should consider providing financial support to encourage foreign students tostudy in Japan.
2.2.2 Financial Support from KLS
Regarding tuition, in exchange programs with partner universities, students
are mutually exempted from paying tuition at the foreign university because they
pay tuition to their home universities.
This exemption does not apply to students who study as an official student
in the KLS LL.M. course. However, there is an option for students who perform
files/2017/4/17/170417-1.pdf, last accessed October 30, 2017, (available only Japanese).
2

Keio University SFC Global Information and Academic “7. Living Expense in Japan”, 2015,

http://ic.sfc.keio.ac.jp/uploads/2015/07/7.-Living-expenses-in-Japan.pdf, last accessed October 30, 2017.
- 131 -

well on the entrance examination to be exempted from the payment of tuition.
KLS can also provide support for monthly living costs to some extent. We
support round trip airfare and monthly rent fees for students who come fromPAGLEP partner universities. This support does not cover other daily expenses,
such as meals, transportation, and other living expenses. However, students whoare qualified can apply for scholarships from the Japan Student Service Organization (JASSO). The scholarship is about 70,000 yen (around 700 USD).
2.2.3 Possible Solutions and Challenges
I conclude that KLS provides enough financial support to international students from our PAGLEP partner universities. However, this program still has
issues.
(1) Limitation of Budget
The biggest issue is that our budget is limited. The PAGLEP program getsfinancial support from the Ministry of Education in Japan. This financial support
will reduce year by year. It is unclear whether KLS can support students at thesame level of quality every year. Moreover, this financial support will expire in
2020.
(2) Expensive Tuition and Limited Availability of Scholarships
Another issue is related to tuition and scholarships. As I mentioned in section
2.2.2, tuition fees are mutually exempted among partner universities for exchange programs. However, students can not enjoy this benefit without the conclusion of a MOA between KLS and their home university. Moreover, this rule
does not apply to KLS LL.M. course official students. While KLS can provide
these official students with a scholarship, it is only available for a few students.
JASSO also has a limited amount of available scholarship funds.
(3) Possible Solution for Future Programs
To address the international exchange programs’ dependence on the budget
from the Ministry of Education and KLS, we should seriously consider independent funding from companies, organizations, and other institutions.

- 132 -

LOGISTICS FOR THE IMPLEMENTATION OF INTERNATIONAL EXCHANGE PROGRAMS

3. Other Obstacles Abroad—The Language Barrier
In Chapter 1 and Chapter 2, I explained logistical issues related to accommodations and finances. In Chapter 3, I consider the challenge of overcoming
language barriers for the study law abroad.

3.1 Using Japanese in Daily LifeThe KLS LL.M. course’s unique policy is that all classes are provided in
English. This policy overcame any language barrier in the study of law in Japanbecause Japanese was essential for study in the past. However, in life outsideof campus, Japanese is required. Most of guidance and information boards are
written in English. The number of Japanese people who speak English is also increasing. However, sometimes students have to use Japanese, for example, when
they go to a city office to register for their residence; when they open bank account; or when they go to a hospital. Sometimes they have to write in Japanese.
People must write their application forms in Japanese to open bank account.
Even though bank staff are often able to communicate in English, students needsome support in Japanese.

3.2 Possible Solution
PAGLEP has started a tutoring system to support international students. The
tutors are Japanese and international students that have studied in Japan for morethan one semester. In 2017, seven students, including six Japanese students registered as tutors. They support the international students, not only in their study
but also their daily lives. When international students need help in Japanese,
the tutors support them. Sometimes they accompany the international students
to complete tasks that require Japanese proficiency. In September of 2017, five
tutors supported international students to enter dorms and open bank accounts.
This tutoring system is successful and helps to build friendships between Japanese and international students.

- 133 -

4. Conclusion
In this essay, I briefly explained the logistical challenges to studying abroad
and implementing the PAGLEP program. Some of our practices have succeeded,but others still face challenges. In particular, issues related to accommodationand securing funding are urgent. We need to consider receiving contributions
from new institutions and other novel measures to secure funding independently.

- 134 -

PANEL DISCUSSION

PANEL DISCUSSION

How Can We Promote
International Exchange Programsfor the Study of Law among Universities
in the Asian Region?
Participants
MyanmarVietnamProfessor Khin Chit Chit

Assoc. Professor Vu Thi Lan Anh

Professor Khin Phone Myint Kyu

Assoc. Professor Nguyen Van Quang
Professor Nguyen Ngoc Dien

Thailand

Mr. Le Van Hinh

Professor Viravat ChantachoteJapan

Professor Junavit Chalidabhongse

Professor David Litt
Laos

Professor Susumu Masuda,

Assoc. Professor Viengvilay Thiengchanhxay

Ms. Hitomi Fukasawa

Ms. Sonenaly Nanthavong
Moderator
Cambodia

Professor Hiroshi Matsuo

Professor Kong Phallack
Professor Phin Sovath

topics.

Hiroshi Matsuo:
Let me start our discussion on theFirst, we need to identify thecentral theme of this meeting about

current problems and obstacles to

how we can promote international

overcome for the promotion of inter-exchange programs for the study ofnational exchange study programs

law among universities in the Asian

between us. We know that there areregion. It will include three majordifferences in the academic calendar,- 137 -

which varies for each university. This

Third, on the basis of the current

variance becomes an obstacle to thepractices, we will be able to reducearrangement of exchange programs,

obstacles make things go forward by

especially when we begin taking

improving them. For instance, Howapplications and when we accept

about making a network like the AUN

students. How we can promote shortto promote exchange programs? It

and middle term exchange study pro-will be extended to the promotion ofgrams? How do we set our goals anduniversity teachers and officers ex-achieve them? How do we give morechange programs, the arrangement ofstudents the opportunity to join a pro-intensive courses to study the theory

gram? How do we give credit points

and practice of foreign laws, etc. Theyand evaluate the students? What iswill create new opportunities for stu-

the domestic procedure to arrange

dents. We will not forget to discuss

exchange programs? We cannot forget

about logistic issues for the imple-

the language barrier with which many

mentation of exchange programs.

foreign students are tackling.

I believe we now share various

Second, we will confirm the

obstacles that we need to overcome

current practices to enhance the in-to facilitate international exchange

ternational exchange programs. For

programs both for students and for

instance, some ASEAN universities

teachers. Let me start from the dif-have created an arrangement called

ference in the semester terms. Every

the ASEAN University Network

university has its own rules of calen-(AUN) to facilitate inter-university

dar. Please look at page 176 and 177

cooperation. They invite teachersof Comparative Legal Education fromand arrange intensive study pro-

Asian Perspective [ed. by KEIGLAD,

grams. They also have the ASEAN

2017], which was distributed to all of

Credit Transfer System (ACTS). It is

you this morning. There is a compar-a system to reassign credit points. It

ative table of the semesters at all the

enables member universities to makepartner universities of the Programs

collaborative study programs andfor Asian Global Legal Professions

transfer credits points.

(PAGLEP). You can confirm the be- 138 -PANEL DISCUSSION: How Can We Promote International Exchange Programs for the Study of Law
among Universities in the Asian Region?

ginning and the end of each semester

university. In addition, (d) excursions

and its duration at our partner univer-

will help students learn about the his-sities. You will see that the university

tory and the cultures of each country

calendar so varies that it is not easy

and they are also encouraged. The

for us to arrange collaborative pro-short-term joint programs may also

grams. This year [in 2017], we havebe held in Vientiane, Yangon andconducted joint programs from March

Hanoi. On the other hand, the gap of

6 to 20 with the University of Eco-term problem becomes more serious

nomics and Law in Ho Chi Minh, Vi-problem when we arrange the longer

etnam, and Paññāsāstra University injoint programs which last 3 months,‎ Phnom Penh, Cambodia. We also had

6 months or longer. If you have any

a summer seminar from August 20 tocomments or queries on possible ob-

28 in Tokyo. We held a joint seminarstacles, or other remarks you wouldfrom September 12 to 18 at Thamma-

like to make, please feel free to raise

sat University in Bangkok, Thailand.

your hands. Yes, Professor Junavit,

Since these short-term joint programs

please.

can be arranged between a week and
10 days fairly flexibly in spite of the

Junavit Chalidabhongse:

semester gaps, they should be main-

Thank you very much Professor

tained and improved next year. They

Matsuo and thank you all for thewill include (a) special lectures by

wonderful presentation today. The

teachers from both sides of partici-

issue that Professor Matsuo has raised

pant universities, (b) presentations

is quite interesting because we actu-

and discussions by students fromally have different schedules at ourboth sides on the common topic pre-universities. Although I find the idea

sented by the teacher(s) and preparedquite interesting, Thammasat doesby the students in advance. (c) The

not offer many short-term modules.

joint programs also incorporate class

The question to ask, I feel, is whatobservation of some normal lectures.

the desired objective of such short-

There are many interesting courses

term programs would be and what ourand seminars worth visiting at each

students would achieve from them. I- 139 -

Discussants (from left) : Professor Nguyen Ngoc Dien;
Professor Phin Sovath.

do not think it would be possible for

Junavit. The short-term program is a

students to imbibe the knowledge of asampler of the cooperative programs,

full 3 or 4 month course in one week

and it could be viewed as one of theor even one month. From the point

entrance points to the joint programs.

of view of the university, a credit for

The brief version is easier to arrange

such a short module may not be pos-and implement, and it benefits stu-

sible. However, the department or thedents in terms of easy access in par-Faculty of Law may find it possible toticipating in international coursework.

certify that a student has attended the

However, as Professor Junavit indi-

short exchange session. Students may

cated, this short version is not enoughgarner some fundamental information

to help students gain an in-depth un-from the short module, which would

derstanding of the legal system or for

have to be specifically designed tothem to conduct comparative researchachieve a focused objective so thatin law. So we require other longer

students may attain the knowledge

programs to be instituted, to which

the university desires them to realize

the short-term programs may be onin the short term. Thank you.

the entry points. Thank you. I will
now call upon Professor Dien.

Hiroshi Matsuo:
Thank you very much, Professor

Nguyen Ngoc Dien:- 140 -

PANEL DISCUSSION: How Can We Promote International Exchange Programs for the Study of Law
among Universities in the Asian Region?

Discussants (from left) : Associate Professor Viengvilay Thiengchanhxay;
Dr.Junavit Chalidabhongse and Dr.Viravat Chantachote.

To my opinion, credit transfers

With only a few students par-are problematic and we should beticipating in the current exchange

careful about offering them. In myformat and the mandate that we areexperience, only one or two students

to conduct the courses in the English

go abroad to a foreign university inlanguage, it is even more necessary

the present framework of exchange. If

for foreign learners to stay for at least

they only stay 1 or 2 weeks, a credit

a full semester. Regular English lec-transfer would be practically impos-

tures are given weekly at our univer-sible because we cannot organizesity and imparting any useful learn-

special courses to serve only a couple

ing in a week or two is unfeasible. Inof learners from another country. Insuch a short time, we could, perhaps

order for a foreign student to earn aonly hold collaborative or group study

credit, the only solution would be toworkshops for a couple of foreignmix, to immerse, and to totally inte-

students. On the other hand, it would

grate the foreign students with a classbe possible to easily organize specialof domestic students in a manner thatclasses at Thammasat for a larger

they have to work closely with theirgroup comprising between 10 and 20

peers from the host university.

foreign students who could, in a week
- 141 -

Discussants (from left) : Professor Susumu Masuda; Professor Hiroshi Matsuo
and Ms. Hitomi Fukasawa.

or two, go through an intensive pro-second, she has to accept the con-gram of a very focused curriculum indition of staying with us for at least

a particular area of law.

one semester. The reason for thisThis eventuality depends upon

stipulation is that if she comes toour interaction with our partner insti-

our university only for a couple oftutions. At this juncture, I would likeweeks, she has to take classes withto inform my colleague from Tham-

French-speaking students and in any

masat University about the ACTS

case, she would only be able to focus

Program. ACTS is a system of credit

on one or two topics of study before

transfers among ASEAN universities,

she had to return to her home univer-and within this program we welcomesity.

students coming from universities

It is fortunate that this particularlocated in the ASEAN region, for ex-

student has decided to remain with us

ample, from Thammasat. In fact, wefor the full semester. It is definitely

are soon about to welcome a student

better for her because with this lengthfrom Chiang Mai University, Thai-of stay, she will have enough time toland.

follow different courses. The experiWe have only two requirements

ence would be interesting to her andfrom this student: first, she has toshe would have the opportunity to

speak either English or Vietnamese;

communicate with the Vietnamese- 142 -

PANEL DISCUSSION: How Can We Promote International Exchange Programs for the Study of Law
among Universities in the Asian Region?

students, not only on the subject ofmunicate our ideas and opinions on

law but on all matters related to cul-

the minimum standards for offeringtural and social life.

credits and we should come to aconsensus on this issue. If there are
any ideas or comments on this topic,

Hiroshi Matsuo:
Thank you very much, Processor
Dien. Our summer seminar held thisplease make your proposals at thistime.

August was only a 9-day event but
every day, our students took part in

Nguyen Ngoc Dien:two 90-minute classes. If we calculate

In order to implement ACTS, we

the teaching hours of a semester’s

have to accomplish a great deal ofcoursework as 15 weeks of active in-groundwork. First, we have to sharestruction with one 90 minute class per

and compare our curricula and comeweek, the number of hours attended

to a mutual understanding with re-by exchange students in those 9 days

gard to the inclusion of certain topics

becomes comparable. I can say thatin every syllabus imparted by thethere may be some subjects of law forpartner universities. For example, forwhich a full semester’s learning canan economic curriculum, we havebe actually imparted into those inten-

macroeconomics as a topic at a gen-sive instructions and discussions. As

eral level. An identical subject matter

Professor Junavit asked the purpose

exists in the curriculum of our partnerof the short term programs, they are

Thammasat University. With agree-

focused on particular and independ-ment and acknowledgment, both in-ent topic of common interest and at-stitutions could allot the same number

tractive for participants from abroad.

of credits for this particular course.

Professor Dien has raised the problem

Hence, the students would haveof credit transfers, and this is alreadythe flexible option of either staying

standardized in the ACTS systemat the home university for the entire

for ASEAN countries with regard to

duration of such a course or following

workload and learning outcomes.

a part of the coursework at a partner

It is interesting for us to com-university in another ASEAN country- 143 -

as a component of the exchange pro-terms. Are there any other ideas orgram. In such a scenario, if the stu-

comments?

dent decides to complete the coursework at a foreign university that is

Junavit Chalidabhongse:

a partner to the program, the home

Yes, I would like to also discuss

university would validate the credits

my views about the credit transfer

without any problem. This systemsystem. I also agree with Professor

would allow a student to easily move

Dien about the issue of the transfer

within the network of the partner uni-

credit system. I think we should con-versities to follow courses in English

duct an international program. If weand avail of exchange opportunities

do not, it would be really difficult toover the entire period of study.

take a course at another university
because even if the students travel
to study for the entire semester, they

Hiroshi Matsuo:
The idea that the students should
also integrate to other learners in thewould require a course to be taught inEnglish.

existing programs in each partner

In order to transfer credits, theuniversity is very appealing and could

curriculum must be quite balanced at

be viable in the future. However, theall partner universities. I do not think

differences in term schedules amongit can be done at the moment, fromcountries might be still an impedi-

my experience. We now also have thement in the implementation of such

AUN Program but I can find that only

ideas, especially for those who are

30 universities that are members ofoutside of the ACTS framework. So

the ASEAN in the AUN.

that some special programs of short-

I am also interested in the issue

term unit is just one idea, and we needthat was raised by the delegation fromvarious kinds of programs to success-Hanoi Law University regarding thefully execute international students

establishment of the ASEAN Uni-and to be faculty exchange initiative.

versity Legal Network. I think it is

Perhaps some intensive courses to bevery interesting idea which is worth

held over the holidays between the

exploring.

- 144 -

PANEL DISCUSSION: How Can We Promote International Exchange Programs for the Study of Law
among Universities in the Asian Region?

Discussants (from left) : Associate Professor Nguyen Van Quang;
Associate Professor Vu Thi Lan Anh and Mr. Le Van Hinh.

Waikato recognized all credits that

Hiroshi Matsuo:

their students take at my university

Professor Quang, please.

and we discussed the potential issues
in a very detailed manner. Matters

Nguyen Van Quang:
I have some comments on thesuch as the organization of the costsame question that Professor Matsuo

structure, the coursework, and theraised. First of all, we can also quite

method of assessment were all debat-

easily include in some short-term pro-ed in advance. As an example, after 4

cesses in the International Instituteweeks, students would be required to

Exchange Program. So we can include

write an original essay of about 1000

1 week or 10 days or even a month inwords in English along with one oral

the program quite easily. The issue ofpresentation. Professors from bothwhether or not to recognize the cred-

Waikato and Hanoi Law University

its depends very much on the bilat-

would attend the session and theneral agreement between the two law

co-grade the student’s presentation.

schools.

After the presentation, the student’s

We are currently conducting an

assignment would be marked.

International Exchange Program with

If the student is successful, Wai-

Waikato University in New Zealand.

kato would recognize the credits thatThat course takes about 4 weeks andtheir students accumulated during the- 145 -

coursework they attended in Hanoi.

try.

Thus, it depends totally on the bilat-

If our students come to Thamma-

eral agreement between the home andsat to study a semester, there should

the partner law school.

be a course called the Introduction to

As far as Keio University is

Thai Legal System or something sim-

concerned, we can easily include theilar. If we receive some students from

1-week special course in our curricu-

Thammasat University to my insti-

lum for exchange students and as longtution, the curriculum would include

as we have at least a group of 7 or 10

an introduction to the Vietnamesestudents coming from Keio, we canlegal system. That is one course weeasily organize the Student Program.

can easily agree upon among the law

Whether or not you will recognize theschools.

credits, depends entirely on you. We

We can design some interna-would be very happy to follow the in-tional law related courses and thesestructions of your law school. That iscourses can be taught at any law

the first point I would like to mention

school within the network. Examples

here.

of such curricula could be internaSecond, as I mentioned in mytional trade law, commercial law orpresentation about the Asian Law

similar topics. These are some of the

School network, I like the idea very

benefits of building a network.

much because if we create a very

As an added advantage, wegood network, we can discuss any

could understand very clearly thedifficulties we face during the im-

structure of degree programs of each

plementation of the International Ex-

law school within the network. Thus,

change Program. For example, if we

we could easily work on the bilateral

have that network, we could draw allagreement with each other and oncethe professors of the law school in the

we had an agreement between two

network to discuss problems and tolaw schools, we could easily apply

design some common courses taught

the international exchange programs

in English such as an introduction toamong the two law schools. That is

the legal system of a particular coun-

the idea.

- 146 -

PANEL DISCUSSION: How Can We Promote International Exchange Programs for the Study of Law
among Universities in the Asian Region?

Beyond that, the network would

we would like to do so. In our pastalso be beneficial for the broad as-

experience, PUC has hosted Keio stu-

pects of the ASEAN integration ob-

dents and we created a special spring

jectives. Once we build that network,

course and seminar for this purpose.

we could promote legal education inThis syllabus was not part of thethe region in the near future. Thus,

existing curriculum but we had thestudents who graduate from Tham-flexibility of selecting what we want-masat could perhaps practice law in

ed to impart. I want to hear from theVietnam in Hanoi or law students whogroup and discuss the possibilities ofgraduate from Hanoi Law University

creating inter-university courses such

could come to work in the Philippinesas, for instance a short course on theor Indonesia.

Cambodian law of income tax.
We have that course in our Master Program and there are multiple

Hiroshi Matsuo:
Thank you for the very concrete

topics in the syllabus ranging fromand the viable proposals to extend andan introduction to the legal system,

create the international exchange pro-the consumer law and also economic

grams. Professor Phallack will speak

and labor law. Civil procedure andnext.

civil court are also taught among themore than like 20 legal topics. This
course, thus, encompasses a general

Kong Phallack:Yeah, thank you for giving me

understanding of Cambodian law as athe opportunity to share my views.

whole. In this course, we can host any

Before I talk, I want to first clarify

student from the ASEAN countries if

the theme of the discussion. We arethey are interested in Cambodian law.

talking today about a method throughWe can also accommodate Japanese

which we can accept international

students if they want to understand

students. This implies that each uni-

Cambodian law and also help theversity here can host Keio students or

Japanese companies to operate theirstudents from other partner universi-

businesses in the Kingdom of Cambo-

ties. We have to first discuss whether

dia.

- 147 -

Discussants (from left) : Professor Kong Phallack; Associated professor
Viengvilay Thiengchanhxay and Ms. Sonenaly Nanthavong.

This is the existing course. To

could designate an existing course for

inform everyone, we have a course

this purpose or create a new course.

of 48 hours and three credits, so one

However, the credits would depend

credit is 16 hours. We could have anon the hours of the course at theinternal arrangement of approximate-university. I think even the hours ofly 30-hour lectures, 10-hours of prac-

instruction are not so different amongtical work and 8-hours of assessment

our universities.

for a mid-term grade and also for our

At our university, we have theforeign students. So, professors would

flexibility of creating an elective

have the flexibility of execution whencourse and including the law curric-they are assigned to teach any par-ulum within it, but we have a process

ticular course.

of approving the course at the faculty

I am trying to reflect on how welevel and then gaining acceptancecould make this cooperation underfrom the University Academic Pro-

the project fruitful and beneficial forgram Office in order to receive aeveryone. Perhaps we could build one

code, because each course have thesingle course that students from all

course code and the course code is

the partner universities could takeprovided by the university, such as

and the credit from that course would

Law 501 or Law 505.

be recognized by each university. We- 148 -

I just wanted to air this idea andPANEL DISCUSSION: How Can We Promote International Exchange Programs for the Study of Law
among Universities in the Asian Region?

perhaps we would need to come up

we looked for funding to implementwith a clear roadmap of discussions

the program. Vietnam National Uni-

between each university and Keio, or

versity Law School also started that

we could discuss a common program

course, and now the same course isfor the students from Laos, and wetaught in both Cambodia and in Vi-

could take turns to teach that course

etnam. I also teach in Vietnam for 1

at each university and also have pro-week for that course.
When we considered the de-fessors from different universities toteach it.

sign of that course, we realized that

In my time at my university, we

professors are willing to travel but

have created a course called humanfor a short time. Nevertheless, afterrights in Southeast Asia that was justthe visiting professors leave, theapproved last month for this term andcourse needs to continue for the home

we have invited a professor from Ma-

university to complete the credit re-hidol to teaching today and tomorrow

quirement. We have not begun thein Cambodia. Two weeks ago, we had

exchange of the students yet because

a professor from the National Uni-

it is very expensive. However, this isversity Vietnam, Hanoi Law School

another kind of cooperation.

for lectures, and next month we will

The exchange of instructors also

welcome a professor from the Phil-

improves our teaching skills. I haveippines to teach that course. We thus

my students record what they learned

have four professors, including thefrom the Vietnamese professors, fromhome professors, teaching that course

the Thai professor, or the Philippine

because it is a comprehensive issue in

professor. In analyzing the teaching

the ASEAN mechanism.

methodology of different professors,

This is just one of the examples.
A cooperation started between a pro-

we can try to improve our own abilities as well.

fessor at Vietnam National University
and myself. We have no funding.

Hiroshi Matsuo:

Both our universities have no funding

Thank you very much, Professor

but we thought of this interest andPhallack. The newly created interna-- 149 -

tional cooperation program on human

Saturday morning, afternoon and also

rights in Southeast Asia seems to be

one Sunday morning because of theinformative. How long each of theschedule of the professor. The profes-

four professors stayed in Phnom Penhsors fly in on a Friday and they stay

to teach this course on human rights

on Friday night, Saturday night, andof each country?

Sunday night and then they leave inthe morning on Monday.
The students also feel that they

Kong Phallack:
Normally, the students have to

can relax because we just follow thetake that course only 1 day a week but

topics in the course syllabus. Like

when we fly in professors it is expen-

this week, the professor from Mahidol

sive. Thus, we have intensive teaching

University, will just stay in Cambodia

and when the visiting professor comesfor 3 days and return on Monday but

to the university, we give the avail-she will teach the whole day.

ability by the flexibility of time tothe professor and also the amount ofHiroshi Matsuo:

money that we can budget. A profes-

Okay. So it is very flexible ar-sor may choose to take three requests,

rangement of the special courses and,

where one request is 3 hours, amount-

if teachers and students both partici-

ing to a total of 12 hours of instruc-pate in the program, it would becometion. We then request the professor toone of the extensions of the interna-

provide one public seminar, so thattional exchange programs. Thank you

everyone, not only the students in thevery much. Are there any other ques-class, can attend.

tions on this emerging framework?

Professors stay at our university
only three nights but the students

Khin Chit Chit:agree to work harder to gain fromWe always need to get prior

the experience of gaining instruction

permission from the Ministry offrom foreign professors. So when

Education when foreign professors

the Vietnamese professors visit, ourcome to my department to deliver a

students study and work full-time on

special lecture, and when students- 150 -

PANEL DISCUSSION: How Can We Promote International Exchange Programs for the Study of Law
among Universities in the Asian Region?

Discussants (from left) : Professor Khin Phone Mynt Kyu
and Professor Khin Chit Chit.

want to go abroad for the Students

I would like to add some more

Exchange Program, we always haveinformation about the ACTS Program

to take permission from the Ministrybecause we are actually a memberof Education. It is very different fromof the ASEAN University Network

Cambodia.

(AUN). I think we should have a leader for the law university, for example,
after the University of Indonesia now

Hiroshi Matsuo:
May I ask how long it takes to getis the Secretariat of the AUN and they

permission to invite a professor or acreate a network of the member uni-teacher?

versities.
On the website, they show all
subjects of similarity among the

Khin Chit Chit:
We always take permission fromuniversities. For example, when they

the rector and then we get permission

show the subjects of economics andfrom the Higher Department Educa-

law, Chiang Mai University students

tion and then the Ministry of Educa-

see the subject and I see the similaritytion, so that it takes a long time.

and I apply. And when Chiang Mai
University apply and we can see larg-[Male Participant/ Nguyen Ngoc

er application, within which there wasDien/ Virawat Chantachote]:

a similar course with the University- 151 -

of Economics and Law and we say,common set of standards of the evalu-

okay, please come and study.

ation is required.

But the problem is with the quality assurance between the universi-

Nguyen Ngoc Dien:ties. When the Chiang Mai University

There are two phases for the man-students come to our university in one

agement of credit transfers in terms

semester and when they come back toof preparation. In the first phase,

Chiang Mai University, whether thethere must be a comparison of thecredit earned at UEL will be valuable

examination and a comparison of theat Chiang Mai is the big problem. If

concerned curricula to define a set ofthe credit is not valuable at Chiang

subject matters which could be taught

Mai University, that student statement

to students to obtain credit transfer.

becomes invalid. In conclusion, we

Experts will be invited to constituteshould have a legal university to cre-a working team to proceed with theate the network.

comparison and evaluation.
After phase one, we arrive toestablish a list of courses which could

Hiroshi Matsuo:
Thank you. We have talked about

be taught within the framework of thethe credit transfer and it is alreadycredit transfer. The second phase is

implemented in some ASEAN uni-

the signing of an agreement between

versities. So, each university has its

the partner universities. With thisown evaluation system to give credit.

agreement, the list as established bySometimes it is a written examination

the group of experts will be validated

or an original essay, and/or a pres-and will become a legal document toentation, and/or an oral examination.

be used as the very basis of the credit

Are there any standards of evaluationtransfer.

to make a credit transfer and to mutu-

Only after completing these twoally recognize the credit? If you havephases, we may proceed because wesome information about this evalu-

cannot allow our students to travel

ation standard to exchange credits,without any guarantees after the eval-

could you tell us about it? I guess auation of credits. When we receive a- 152 -

PANEL DISCUSSION: How Can We Promote International Exchange Programs for the Study of Law
among Universities in the Asian Region?

student, we must take responsibility

for Japanese students and if this isfor his or her stay in terms of security

successful, we can organize similar

as well is in terms of academic educa-

Exchange Programs in Thailand, Ho

tion.

Chi Minh City and Phnom Penh and
So the students just spend theirthat program would be a short-termtime following courses. The evalua-course of between 1 week and 10

tion and the recognition of credits to

days.
At Keio Law School (KLS), webe transferred depend on the authori-would like to send our students for 6

ties of the partner universities.

months or 1 year to study law abroad.
However, as you know, at KLS, mostHiroshi Matsuo:
Thank you very much, Professor

students are enrolled in the Judicial

Dien. May I ask for some questions

Doctor course, and they have toor comments from the audience? Itake the bar examination after theiram very grateful to all the partici-

graduation from the university. After

pants who are attending this meeting,taking the bar examination, however,and some foreign students have also

they have a gap term of about 3 to 4

joined us. If you have any comments

months between May and Septemberor questions or requests to reduce

while they are waiting for the results.

the obstacles or to lower the barriers,

If possible, we would like toplease feel free to raise your hands.

send our students to your universi-

Before speaking, please identify your-ties during this period. However, I

self.

checked the academic calendar, butevery school has already started before May, so that the students cannot

Hitomi Fukasawa:
My name is Hitomi Fukasawa,

attend the beginning of the class ina researcher from Keio Institute forMay. I would be interested in whether

Global Law and Development (KEI-

students are allowed to enroll in theGLAD). I have a question about the

middle of the semester. Is it possible

Exchange Program in your country. I

for our students to participate in aam arranging an Exchange Program

course from the middle of the semes-- 153 -

if the 5-week intensive course canter?

begin or start in May, your students
can come to study with us but it very

Hiroshi Matsuo:
This is a very practical question

much depends on the academic calen-

regarding the implementation of thedar of the law schools in the region.

Exchange Program to send students

In my university’s case, we can offerfrom Keio University. Professor Vira-it, but please make sure that we havevat will answer.

to be apprised in advance as we cannot offer the 5-week intensive course
every semester.

Viravat Chantachote:I would like to clarify my understanding of your question. The stu-

Hiroshi Matsuo:

dents would like to go and study andThank you very much. We under-

not just for relaxation. They would

stand that a special course such as aget the credits but they would enroll

5-week course needs to be arranged.

at the middle of the term. How can I

Any other comments? Yes, Professor

tell my own students to join us during

Viravat.

the middle term and they will get thecredit and they can take the exam

Viravat Chantachote:after term has lapsed for 2 months orsomething like that?

It seemed to me that for Hanoi
Law University it should be no problem, because we, Hanoi Law University and Thammasat University startNguyen Van Quang:
I can answer your question fromthe academic year from September

the Hanoi Law University perspec-and the students can definitely visit.

tive. In my university, we offer two

We do not conduct an internationalkinds of courses. One is a 50 week

program but the students from Japancourse, and in that course you mustcome and choose to study in English.

enroll in the first semester. The sec-That is why we have a doubt. Other-

ond tie-up course is what we call thewise, we can assign the students to

5-week intensive course. This means

take a seat and study with the stu-

- 154 -

PANEL DISCUSSION: How Can We Promote International Exchange Programs for the Study of Law
among Universities in the Asian Region?

dents as much as possible. That is oursituation.

Hiroshi Matsuo:
Thank you, Professor Phallack,for your positive comment. Yes, Pro-

Hiroshi Matsuo:
Okay, thank you. Any otherfessor Dien please.

views? Yes, Professor Phallack.
Nguyen Ngoc Dien:
The university calendars of theKong Phallack:
Hitomi wanted to know when you

partners being quite different, it iswant to send the Japanese students.

very difficult to organize the move-Your students may stay between two

ment of Japanese students to univer-semesters at my university. We havesities located in ASEAN countries.

our first semester between around

However, I think another solution is

April 20 to August 20. If your stu-

possible, so we can organize special

dents can come in May, they would

courses during the summer between

just miss 1-week’s lectures, and usu-

May and September.
Normally, in May, the semester

ally the first week is just an introduc-is all but finished. There is only ation to the course syllabus.
The new term begins on August

revision for examinations, and after

28. I think if we can discuss it further,

the final exams, the domestic students

we can find a way to accept your stu-

are on vacation. Some of our students

dents at PUC. I think for that period it

do enroll for summer courses, so if itwill not be an issue for us. And now

is possible, I think we can deal with

we have the internet, they can work

the possibility of integrating Japanese

online and submit their reports online

students to our framework of summer

afterwards. If they fail to submit theircourses on the condition that thesereports, they do not get credit.

summer courses are interesting toJapanese students.
Another solution could be the

Hitomi Fukasawa:Okay, I understand. Thank you,
Phallack sensei.

organization of special courses justin service of Japanese students. In- 155 -

this case, you must send a reasonable

estingly among ASEAN universities

number of students, for example, be-

the university calendars vary. Any

tween 10 and 20 for such a course toother questions or comments? Yes,

be viable.

Professor Ortolani, please.

Hiroshi Matsuo:

Andrea Ortolani:

Thank you, Professor Dien, for

My name is Andrea Ortolani,

showing us the concrete and viable

Keio University, Faculty of Law. I

ideas of special courses. Any otherteach undergraduate students. Of

comments? Yes, Professor Khin Chit

course, logistical aspects are very im-

Chit, please.

portant but when these are resolved,
there are the substantive aspects. The
two themes that I heard in all yourKhin Chit Chit:
Yangon University is on vacation

presentations were the language andin May, and classes begin again fromthe comparative facets of law thatthe beginning of June to the thirdmust be worked out.

week of September, so we can accept

I teach comparative law andstudents. But your university and mysome of your presentations touched

university would have to sign a MOU

upon the aspects of comparative

or a MOA and if you want to attend

law. If somebody has comments orthese classes, you would have to send

remarks on the status of comparativea proposal 6 months ahead of the be-law in your countries, I would be very

ginning of the course.

much interested.
I know that we are also shortof time, so I will not ask you to de-

Hiroshi Matsuo:
Thank you, Professor Khin Chit

scribe the detailed report. However,

Chit. The first semester of Yangonsome comments on the status on the

University starts from the beginning

situation of comparative law in yourof June, so it is the best fit for our

curriculum, in your countries would

students to also complete their firstbe highly useful. Thank you.

semester in Yangon University. Inter- 156 -PANEL DISCUSSION: How Can We Promote International Exchange Programs for the Study of Law
among Universities in the Asian Region?

have especially focused on the main

Hiroshi Matsuo:
Thank you very much, Professor

legal systems, common law system,

Ortolani. It was one of the major

civil law system and then the state

topics in the First Meeting of Com-

practice.

parative Legal Education on March
4, 2017. Some participant universities

Hiroshi Matsuo:

recognized the subject concerning

Thank you very much for yourcomparative law in the curriculum …

kind answer. Now we are over theYeah, Professor, go on.

scheduled time. I feel that we could
exchange frank opinions very positively for the further improvement

Nguyen Van Quang:
A quick answer to your question.

of our joint programs and to develop

At my university, we also include theour mutual exchange of students andcomparative law but as an elective

teachers. I found that we need tocourse. We have an institution we

start careful negotiations for the con-call the Institution for Comparative

struction of basic framework of joint

Law, which is just a center but now

programs including credit transfer. I

we have promoted it as an Institute ofbelieve we could identify and share

Comparative Law. In that institute,the problems before us, the causes of

we offer a comparative law course

those issues and the direction of theand we conduct many studies in order

future solutions.

to support the teaching and research.

I would like to thank again all
the presenters and commentators andalso acknowledge all the students andHiroshi Matsuo:
Thank you very much. Yes, Professor Khin Chit Chit.

the participants attending this Meeting.

Khin Chit Chit:
As for Yangon University, we
have one subject for an elective
course on comparative public law. We- 157 -

Participants Details
MyanmarVietnamProfessor Khin Chit Chit, Department of

Assoc. Professor Vu Thi Lan Anh, Vice

Law, University of Yangon

Rector, Hanoi Law University

Professor Khin Phone Myint Kyu, Depart-

Assoc. Professor Nguyen Van Quang, Hanoi Law University

ment of Law, University of Yangon

Professor Nguyen Ngoc Dien, Vice Rector,
Thailand

University of Economics and Law (UEL)

Professor Viravat Chantachote, Chairman

Mr. Le Van Hinh, Deputy Head of UEL’s
International Relation Office, UELof the Curriculum Review and Development, Faculty of Law, Thammasat Univer-

Japan

sity
Professor Junavit Chalidabhongse, As-

Professor David G. Litt, Keio University

sistant Dean, Faculty of Law, Thammasat

Law School
Professor Susumu Masuda, Keio Universi-

University

ty Law School
Laos

Ms. Hitomi Fukasawa, Researcher of Keio

Assoc. Professor Viengvilay Thiengchan-Institute for Global Law and Development

hxay, Dean, Faculty of Law and Political(KEIGLAD), Keio University Law School

Science (FLP), National University ofProfessor Hiroshi Matsuo, Director of

Laos (NUOL)KEIGLAD, Keio University Law School

Ms. Sonenaly Nanthavong, Head of International Cooperation Unit, FLP, NUOL

Cambodia
Professor Kong Phallack, Dean, Facultyof Law and Public Affairs, Paññāsāstra
University of Cambodia (PUC-FLPA)
Professor Phin Sovath, Assistant Deanin charge of Graduate Law Programs,
PUC-FLPA- 158 -DURATION OF THE SEMESTER

ON-SITE REPORTS- 159 -

SPECIAL SUMMER PROGRAM ON COMPARATIVE AND INTERNATIONAL BUSINESS LAW SHORT REPORTSPECIAL SUMMER PROGRAM ON
COMPARATIVE
AND INTERNATIONAL BUSINESS LAWSHORT REPORT
Mao Kimpav*

1. Introduction
The Special Summer Program on Comparative and International Business
Law was held from August 21 to 29, 2017, at Keio University Law School, Tokyo,
Japan. This program provided opportunities to PUC-FLPA students (Cambodia);other students from Laos, Myanmar, and Vietnam; and KLS students to learn
about the comparative and international business law and practice in each country. Similarly, a special seminar on Cambodian and Japanese law was hosted by
the PUC-FLPA in March 2017, where students from both the KLS and the FLPA
had an opportunity to learn about and discuss Cambodian law, Japanese law, andthe practice in each country. The aim of the Special Summer Program on Comparative and International Business Law was to bring together students fromASEAN countries (Cambodia, Laos, Myanmar, and Vietnam) and Japan (KLS)
to learn about international trade law, international law on sale of goods and its
development, the development of Japanese law, and the application of contract
law from each ASEAN country. The session on international trade law and international law on sale of goods was taught by professors from City University, UK.
The session on the development of Japanese law was taught by professors from* Kimpav is a manager of administration and law programs at the Faculty of Law and Public
Affairs, PUC, and he attended the program with other students.
- 161 -

the KLS. To help understand the practice and development of Japanese law, theparticipants had a chance to visit the Yokohama Court and learn about the reformof the Japanese judicial system. As the last session of the program, students fromeach country gave a presentation on the application of the contract law of theircountry in the case of sales contracts. The presentation was also a platform fordiscussion and sharing different views on the application of laws and analysis.

2. In-Class Learning
2.1. World Trade Law
It was very interesting to learn about international trade law. This course
covered the WTO system and its development for general understanding as well
as some discussions on the GATT and dispute settlement. Cambodia has beena member of the WTO since 2004.1 Students were asked how they would treat
domestic products and imported products if their country was a member of theWTO. Students answered that they would support domestic products rather thanimported products in order to promote local products. However, the correct response should have been that, as a member of the WTO, all the products mustbe treated equally without discrimination by consumers and state policies. Nevertheless, consumers may prefer domestic products, for example, because of thetaste of the product.
On the subject of the GATT, the students were able to learn about the principles underlying it. The principles of non-discrimination on tariff policy by thestate and state security or sovereignty were very important for the states. The
non-discrimination on tariff policy has both pros and cons and sometime it depends on the state politics and bargaining power to be fair in trade negotiation.
During the class, students discussed the issue of fairness for countries that import more and export less. Under the GATT, state members are required to limit
the same rate of tariff in their policy and without discrimination. Therefore, large
1

World Trade Organization, Cambodia and the WTO, see at https://www.wto.org/english/

thewto_e/countries_e/cambodia_e.htm.
- 162 -

SPECIAL SUMMER PROGRAM ON COMPARATIVE AND INTERNATIONAL BUSINESS LAW SHORT REPORTClass Session on International Saleof Goods (Trade Term and Case).

exporters may benefit more than importers.
As regards the Dispute Settlement Body of the WTO, the students learned
about its functions and how this system works to settle disputes. This system isconsidered one of the most effective in dealing with trade disputes, especiallyin terms of the unequal treatment of the GATT and discrimination. During theclass, the students also discussed the process and the effectiveness of this system
for trade dispute settlement.

2.2. International Law on Sale of Goods
The students were taught about the common law system and how to find caselaw to provide them with a fundamental understanding of the system to help
them easily understand international law on sale of goods. The key terms used ingoods transactions and processes—including charter party, voyage charter, billof landing, recap, and ex works, among others—were clearly explained in theclass. This was new terminology for some students, though others were alreadyfamiliar with the terms since they had previously practiced about or studied thesubject. As regards the international sale of goods transactions, the students
learned about the international laws that cover and relate to the area, such as
UNCITRAL, the CISG, the Hague Rules, the Hague–Visby Rules, the Hamburg
Rules, the Rotterdam Rules, and the CLC, among others. Understanding the processes of the international sale of goods was complicated for those students who- 163 -

had never had any practical experience of the subject. There are many processes
and requirements that include clauses and contracts for the protection of theparties. Processes of international sale of goods include free along side ship, freeon board, cost-insurance-freight, delivery at port, and delivery duty pay. In eachprocess, there are different clauses and contracts and different parties involved.
That is the reason why those students with no practical experience found it a
bit complicated. However, the students learned a lot, and the class was vital forthem.

2.3. The Development of Japanese Law
The students learned about the development of the Japanese Constitution andthe impact of globalization on the amendment to the Civil Code of Japan on obligation, particularly the provisions on contract. About the Japanese Constitution,
students were taught with discussion about the provisions on the military powerin the Constitution. Japan used the referendum method to amend its constitution.
In the session on the amendment of the provisions on contract, the students
learned the following points.
2.3.1. Reasons for the Change- ‌The change of the contractual principle from the Roman law and civil law
principle of “impossibilium obligation [est]” to the common law principleof “obligation caused by contract shall be absolute.”- ‌The change of the source of the binding force of contractual obligations
from the general “rules” of the law to the “terms” of the contract.
- ‌The change of the source of the obligation from the “fault” of the parties tothe promise or assumption by the parties.
2.3.2. Background for the Change
The change was made because of the increasing influence of the movements
in international law of trade such as the following:- ‌The United Nations Convention on Contracts for the International Sale of- 164 -

SPECIAL SUMMER PROGRAM ON COMPARATIVE AND INTERNATIONAL BUSINESS LAW SHORT REPORT

Goods (CISG) 1980
- ‌The Principles of European Contract Law (PECL), 1995, 1996, and 2010- ‌The Principles of International Commercial Contracts (PICC), 1994, 2004,
and 2010- ‌The Principles, Definitions and Model Rules of European Private Law,
Draft Common Framework of Reference (DCFR), 2009
2.3.3. Applicability of International Trade Rules to the Domestic Rules
Advantages
Unification of the domestic rules of different countries may facilitate reduction in various costs.…
Disadvantages
Rules that are convenient for business persons are not always kind and fair tothe general public;…
To ensure that the students fully understood the application of the Civil Codeof Japan on the provisions contract, two cases on sales contract were presented
showing the application of these provisions before the amendment and after theamendment.

2.4. Trade Transaction (Role play)
Although less taxing for students, this method provided comprehensive
knowledge regarding to the real trade transactions in the market. Some groupsof student acted as companies with a lot of money, raw materials, and the tools
to produce the products to sell on the market, while other groups acted as companies with shortages of resources and materials as well as tools. In this way,
students learned different perspectives and how to negotiate with other groups(companies) to exchange products in order to increase their number of productson the market. As in the real market, the price of a product can go up and down,
meaning that groups of students (companies) need to be smart in order to avoid
losing profit. After the role play, students were asked for their feedback on what
- 165 -

they had learned.

3. Visiting Yokohama Court
Students had the opportunity to explore and learn about the court system ofJapan by visiting Yokohama Court. During the study visit, students met a judge
at Yokohama Court, and he explained the Japanese court system and the current
reforms.
The judge introduced the students to the hierarchy of the court. The Japanesecourt system consists of district courts, high courts, and the Supreme Court. In
addition to these courts, there are also other special courts, such as the Property
Court and the Intellectual Property Courts.
There are two mains reasons behind the current reform of the court system.
The first reason is the criticism of the Japanese people, and the second reason is
the need for more human resources to work in the courts. The reform is closely
linked to legal education in Japan in order to produce competent students and to
fill the need for human resources.

4. Comparison of Contract Law
To enable a comprehensive understanding of the law applied in contract, participating students from each country (Cambodia, Laos, Myanmar, and Vietnam)
gave a presentation on how their home law is applied in contract cases. The below two sales contract cases were devised, and students were asked to prepare apresentation.
Case 1: Sales contract between A and B for the sale of oranges that was concluded before a typhoon hit A’s orange farm. A is not able to deliver the oranges
to B due to the damages to the farm caused by the typhoon. B had concluded acontract with C (a shop) for the supply of the oranges after concluding the contract with A. As a consequence, B would terminate the sales contract and claim
compensation for damages.
- 166 -

SPECIAL SUMMER PROGRAM ON COMPARATIVE AND INTERNATIONAL BUSINESS LAW SHORT REPORT

PUC-FLPA students Presentation
on Cambodia Law Apply in: casestudy of the sale contract.

Case 2: Sales contract between A and B for the sale of oranges that was
concluded after a typhoon hit A’s orange farm. A did not know that the farm
had been damaged by the typhoon when he/she concluded the contract with B.
Because of the serious damage to the farm, A is unable to deliver the oranges to
B. B had concluded a contract with C (a shop) for the supply of the oranges after
concluding the contract with A.
In the student presentations, there were differences in the laws that could beapplied and differences in the conditions. There was a very useful discussion
on force majeure since it was an important point in the sample cases. Cambodian and Japanese law (civil code) share similar provisions and can be applied
similarly in these two cases. However, in Vietnam, there were different laws
applicable in those two cases. Notably, Vietnamese law has a clear definition offorce majeure and condition be considered, while the Civil Code of Cambodia is
still vague on those points, though force majeure is explained in the glossary of
the Code. For Myanmar, there were two laws applicable in the cases: the Sale ofGoods Act (1930) and the Contract Act (1872). There was only one law on contract and tort that was applicable to the cases as presented by the students fromLao PDR.

- 167 -

5. Conclusion
As observed from the classes, it is notable that for general understanding, thelecture method is good for students since the professor plays an important rolein leading students in the right direction. However, there was also participationfrom the students during the class on some particular issues and topics. It would
be good if students were given the chance for more discussion in class as this canmake the class more interesting. Case finding and reading was new to many ofthe participating students since they came from civil law systems and thus were
not very familiar with this method. Role play, the study visit, and the students’presentations provided the opportunity for students to learn and reflect. During
the study visit, the students had more of a chance to interact and ask more about
practical issues. In the student presentations, all presenters shared a similar
approach of applying the law to the cases; however, no case law was used. It is
widely understood that accessing court decisions or case law in the participating
students’ countries is a challenge.
For future programs, it would be better to make the program more specificand more practical so that it can provide more chances for students to be more active in class and to gain more benefit from the program. This platform will bringstudents together to learn about and exchange ideas from different perspectives
and experiences. The collaboration and supporting student to join together insuch of this seminar/program is very significance that will enhance student more
knowledge and experience from the seminar/program. The MOA just signed by
the two institutions, KLS and PUC-FLPA, will provide more mutual benefits tothe students from the KLS and PUC-FLPA as well as other partner universities
of KLS. Therefore, making this program as a regular occurrence is important.

- 168 -

FROM LAW CLASSROOMS IN ASIAN UNIVERSITIESFROM LAW CLASSROOMS IN
ASIAN UNIVERSITIES:
Short Report on the Collaboration Programin Thailand

Hiroshi Matsuo* and Hitomi Fukasawa**(Keio University Law School)

1. Introduction
From September 11 to 19, 2017, Keio University Law School (KLS: TokyoJapan) conducted a Collaboration Program for Comparative Legal Education
with the Thammasat University Faculty of Law (TU: Bangkok, Thailand). This
Program consisted of (a) special lectures by Thai teachers and Japanese teachers
on constitutional law and civil law, (b) presentations by Thai students and Japanese students on the common topic, and (c) participation in some normal classes.
These joint classes were held at TU’s Tha Phra Chan Campus in Bangkok. From
KLS, 6 students (4 J.D. students and 2 LL.M. students) and 2 teachers (1 professor of civil law and 1 professor of constitutional law) participated. Around 30
Thai students and 10 teachers took part in the program.
KLS started the Collaboration Program in March 2017. In March 2017, KLS
held a joint class with the Vietnam National University of Economics and Law(UEL: Ho Chi Minh City, Vietnam) and the Pannasastra University Cambodia,
Faculty of Law and Public Administration (PUC-FLPA: Phnom Penh, Cambodia).1* Professor of Law at KLS and the Director of Keio Institute for Global Law and Development (KEIGLAD: http://keiglad.keio.ac.jp/en/).
** Researcher of Law at Keio Institute for Global Law and Development (KEIGLAD).
1

For details, see H. Matsuo and H. Fukasawa, “From Law Classrooms in Asian Universities:

Short Report on the Collaboration program in Vietnam and Cambodia,” Comparative Legal- 169 -

The purposes of the Collaboration Program include making students experience
the differences in legal education across universities in terms of content, materials, and pedagogical methods; deepening an understanding of various political,
economic, and social backgrounds of those differences; and promoting further exchange of students and teachers for advancing the development of legal education
at each of the participating universities.
The major components of the Collaboration Program have been (a) lecturesby foreign teachers on current legal topics in their home country, (b) student
presentations of their legal solutions, based on the application of their nation’slaws, on a common topic provided to the students in advance, followed by questions and discussions, and (c) class observations by foreign students at the host
university.
This program was implemented as a part of the Programs for Asian Global
Legal Professions (PAGLEP) and was its second trial for holding joint classes topromote international exchange between the law students and teachers of different countries in Asia. It is worthwhile, we believe, to record our challenges andfindings for the further development of the PAGLEP.
In this report, we will introduce the activities in the Collaboration Program
at TU by focusing on the student presentations (the component (b) above) and theclass observations (the component (c) above)3. Through the review of those activities, we attempt to draw some findings for improving legal education in Asianuniversities.2
Education from Asian Perspective, KEIGLAD, 2017, pp.157-174.
2

As for the special lectures (as the component (a) above), two lectures in the public law field

and the civil law field were provided from both side respectively. In the public law lectures, aThai teacher talked on “The Current Issues in Thai Constitution Law” and a Japanese teacher lectured on “The Current Issues in Japanese Constitution Law.” The recent movement inconstitutional monarchy was one of the common interests.
In the civil law lectures, a Thai teacher lectured on “Fault in Thai Legal System” and aJapanese teacher talked on “Globalization Impacts on the Amendment to the Civil Codeof Japan.” One of the focal points was the responsibility of contracting parties for the loss
caused by natural disasters which had not been attributable to both parties. Participants madequestions and comments from the comparative point of view whether a debtor, without any- 170 -

FROM LAW CLASSROOMS IN ASIAN UNIVERSITIES

2. Presentations and Discussions on the Common Topic
2.1 Common Topic
The below mentioned common topic assigned to the students was based on acase that had actually occurred in the recent past. It was provided to the participating students from Thailand and Japan in advance.
To compare students’ analyses and discussions, we used almost the samecase as was used in the Ho Chi Minh Program and the Phnom Penh Program in
March, 2017.
The students were asked to analyze the question provided at the end of the
topic and to suggest solutions by applying the laws of their own country.
Mr. A owns a piece of land and the building on it in Thailand/Japan. Helives in the U.K. and asked Ms. B to manage the land and the building. B
lent the building to Company C as A’s agent by concluding a lease contract. In that contract it was prescribed that the duration of the lease was
2 years; however, C may cancel the lease by providing a notice 3 months
in advance or by paying the rent for 3 months before the expiration of theterm. The rent was agreed to be USD 1000 per month and must be paidfor one year in advance. C paid USD 12000 to B and began to possess
the building, using it as office. After a year and a half has passed, B andC negotiated the renewal of the contract and agreed to continue the contract under the same terms except for the amount of the rent, which was
to be USD 1200 per month.
At around the same time, A sold the land and the building to Company
D. B was informed by A about the sale after C agreed to renew the contract with B, but B did not tell C. C paid B the new rent for one year (USD
14400) and continued to use the building. One month passed after the renewal of the contract between B and C, A and D registered the transfer of
the title of the land and the building, and D notified C to vacate the buildexemption clauses, could be exempted from the compensation for damages due to the impossibility to perform the contract or not.
- 171 -

ing. C informed B about it, but B responded that he was informed about
the transfer of the land and building to D after the renewal of the lease
contract. Then, B asked D to continue the lease contract and provided
the rent that B had received from C (USD 14400). D received the rent but
claimed that the rent should be USD 1500 per month and C should perform the additional payment of USD 3600. However, C refused to accept
the increased rent. D brought the case to court, claiming that C should
vacate the building. Should D’s claim be recognized?
There are two main discussing points:(1) Who were the parties to the lease contract that was concluded between B
and C?
(2) Did the renewed contract between Ms. B and Company C succeed toCompany D?

2.2 Presentation by Japanese Students
2.2.1 Analysis of Discussion Point (1)For the Discussion point (1), the Japanese students faithfully analyzed thefacts in accordance with legal syllogism.
They quoted Article 99 (1) of the Japanese Civil Code, which provides thata manifestation of intent made by an agent on behalf of the principal within thescope of the agent’s authority binds the principal, and explained the requirements
and effects of that provision. They divided the requirements of the provision into
three elements: (1) an agent acted juristically with a third party; (2) the juristic
act of the agent is “within the scope of the agent’s authority,” and (3) the agent
represents “that the same is made on behalf of the principle” when performing
the juristic act. The students concluded that the juristic act “binds the principle”
if it is satisfies these three requirements stated above. They analyzed whether
each element was satisfied one by one.
The interpretation of the requirements was also based on legal syllogism.
When the students examined element (2) (whether the lease of the land and the- 172 -

FROM LAW CLASSROOMS IN ASIAN UNIVERSITIESCommon Topic Discussion with Thai and Japanese Students

building was “within the scope of the agent’s authority”), they introduced two
rules of interpretation. First, the scope of the agent’s authority is judged throughthe reasonable interpretation of the content of the contract between the agent
and the principal. Second, if there is no agreement on the scope of the agent’s
authority, Article 103 of Japanese Civil Code shall be applied. They mentionedthat the second rule may apply to this case as the content of the contract between
the agent and the principal was vague and they did not seem to have any agreement on the scope of the agent’s authority. The students found that the second
rule should apply, because A and B did not clearly agree that leasing the landand building was within B’s authority. They quoted Article 103 of Japanese Civil
Code, which provides that an agent who has no specified authority shall have theauthority only to perform the following acts: (i) acts of preservation and (ii) actswith the purpose of using or improving any property or right that is the subject of
the agency to the extent that such act does not change the nature of the property
or right. They interpreted that the phrase, “acts which have the purpose of using
or improving any Thing … to the extent such act does not change the nature ofsuch property,” ((ii) above) should include the act of making profit and applied it
to the lease contract of land and building. The students concluded that B’s juristic act satisfied the three requirements and bound A with C in accordance with
Article 99 (1) of Japanese Civil Code Article 99. Their answer to the discussion- 173 -

point (1) was that the parties to the lease contract were A and C.
2.2.2 Analysis of Discussion Point (2)For discussion point (2), the Japanese students explained the general rules
governing lease contracts. The lease contract bound only A and C as the contracting parties, and it did not bind Company D, a third party, in this case. Therefore, in principle, D could vacate Company C from the land and the building on
the grounds that D acquired ownership of the land and building, and D was notbound by the lease contract between A and C. Thus, C did not have any legal
right to possess the land and building against D.
However, this rule was modified by a special law. Article 31 (1) of the Act
on the Lease of Land and Building Leases provides that “even if the building
lease is not registered, at the time the buildings are delivered, the building lease
shall subsequently become effective in respect to the person who has acquired
real rights to said buildings.” The building was delivered to Company C before
it was sold to Company D. Therefore, C could make a counterclaim that C had
a legal right to continue possession of the building that was enforceable against
D. Consequently, D could not vacate C from the land on which the building wasconstructed.3
To explain their result from this theoretical point of view, students analyzed
whether a lease contract between Mr. A and Company C succeeded to Company
D. They introduced a Japanese Supreme Court Precedent4 on this point. According to the precedent, the original owner’s legal status as a lessor shall be transferred to the new owner with the transfer of the ownership of the leased property.
Students concluded that the renewed lease contract between Mr. A and Company
C bound Company D. Therefore, Company D could neither increase the rent nor
3

However, this rule is not specifically stipulated under any law. Instead, Article 10 of Act on

the Lease of Land and Building provides that if Mr. A leased a piece of land to Company C,
and C built itself a building on the land and registered ownership of the building in C’s name,
C could claim legal right to the land against Company D who bought and acquired ownershipof the land from A.
4

Japanese Supreme Court Judgment, April 23, 1971, Minshu Vol.25, No.3, at 388.
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FROM LAW CLASSROOMS IN ASIAN UNIVERSITIES

vacate C from the land and building.

2.3 Presentation by Thai Students
2.3.1 Analysis of Discussion Point (1)The Thai student’s presentation was also based on legal syllogism. First, they
introduced the Thai Civil and Commercial Code. According to Article 797 andArticle 820 of the Thai Civil and Commercial Code, Mr. A and Company C werethe contracting parties to the lease contract because Ms. B concluded the lease
contract as Mr. A’s agent. Japanese students and Thai students reached the sameconclusion on this point.
However, Thai students introduced a unique provision from the perspectiveof comparative law. If a principal has a domicile in a foreign country, the agent
is personally liable for the contract even if the name of the principal has been
disclosed (Article 824).5 This is an exception to Article 820 of the Thai Civil andCommercial Code. The purpose of this Article is to protect the other party to acontract if the principal cannot promptly perform his/her responsibility outside
the country. The students explained that Mr. A lived in the U.K. and did not havehis domicile in Thailand. Therefore, Ms. B would be held liable for the contract.
However, it was not clear whether both Mr. A and Ms. B were liable for thecontract or if only B, as the agent, had the responsibility of the contract. The students referred to this matter in the discussion section.
2.3.2 Analysis of Discussion Point (2)The ownership of immoveable property was transferred from Mr. A to Company D by agreement and registration in Thailand. According to Article 569 of
the Thai Civil and Commercial Code,6 in this case, the legal status of a lessor
5

Article 824 of the Thai Civil and Commercial Code provides that an agent who makes acontract on behalf of a principal who is located and has his domicile in a foreign country is
personally liable for the contract even though the name of the principal has been disclosed,
unless the terms of the contract are inconsistent with his liability.
6

Article 569 of Thai Civil and Commercial Code: A lease contract of immovable property is

not extinguished by the transfer of ownership of the leased property. The transferee is enti- 175 -shall be transferred to the new owner. However, to apply this provision, the lease
contract must meet two requirements as provided under Article 538 of Thai Civil
and Commercial Code.7 First, the duration of the lease contract must be morethan three years. Second, the lease contract should be formed by a formal (written)
contract. The students explained that if the lessee, Company C, could establishthat the lease agreement met these two requirements, C could claim the legal obligations passed to the new owner, Company D.

2.4 Discussions and Findings
2.4.1 Discussion of Discussion Point (1)Thai students asked Japanese students the following questions: Under Japanese Civil Code, are both the principal, Mr. A, and his agent, Ms. B, liable under
the lease contract? Does the Japanese Civil Code stipulate special provisions if
the principal is domiciled abroad? These questions related to Article 824 of theThai Civil and Commercial Code. Japanese students answered that under theprovision of Japanese Civil Code, only the principal should be liable for a contract, and they could not find any special provision for cases in which the principal has domiciled abroad.
The teachers were also interested in Article 824. A Thai teacher, a moderator, confirmed the meaning of this provision by asking students whether Article
824 would presuppose that only an agent should be liable for the contract, orthat both principal and agent should be liable. One male student answered that,
following Article 820, Article 824 would not provide that a principal could be
exempted from the obligations caused by a contract. It stipulates that an agent
must also be liable for obligations under a contract if the principal has domiciled
abroad. Under the rules of Article 820 and Article 824, both a principal and an
agent are liable for the obligations under the contract, and the other party may
tled to the rights and is subjected to the duties of the transferor as the lessor.
7

Article 538 of Thai Civil and Commercial Code: A lease of immovable property is not en-forceable by action unless there is some written evidence signed by the party liable. If thelease is for more than three years or for the life of the lessor or lessee, it is enforceable only
for three years unless it is made in writing and registered by the competent official.
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FROM LAW CLASSROOMS IN ASIAN UNIVERSITIES

make claims against both the principal and the agent.
Then, the discussion moved to the reason for Article 824. Other female students answered that it is meant to be beneficial for the other party to a contract
because, if the principal were not in Thailand, the other party would not be able
to make a timely claim for the performance of an obligation. However, the teacher kept asking all the students, “This is the practical reason. What is the theoretical reason for Article 824? Why should agent B be liable? B is not a party to
the contract.” The nature of the special liability imposed by law on an agent isanalyzed by comparing it with the other types of liability imposed by law on a
person who has a special relationship with the obligor.
2.4.2 Discussion of Discussion Point (2)The interesting point was that both the Thai and Japanese students reached thesame conclusion under the laws of their countries even though their approaches
were different. The discussion was focused on the differences in legal reasoning.
First, both the Thai and Japanese students confirmed that ownership should
be considered an absolute right. Thus, the new owner, Company D, could vacate
C from the land based on its ownership, and C could not make a counterclaimthat it had a right to possess the land based on the lease contract because thelease contract could bind only the parties. C’s claim could be asserted only
against the lessor, not against the new owner as a third party to the contract.
Thus, “a sales contract ends a lease relationship” (emptio tollit locatum). This
principle came from traditional Roman law; however, it was modified both inThailand and Japan.
Under Thai law, Article 569 of the Thai Civil and Commercial Code provides
that a lease contract does not end by transferring the ownership of immovable
properties. Under Japanese law, the Act on the Protection of Building, Act on
Land Lease, and Act on Building Lease were enacted, which were succeeded by
the Act on Land and Building Lease. Article 31 (1) of the Act on Land and Building Lease provides that a lessee who had a building delivered to him/her before
the ownership of the building was transferred to a third person can claim his/her- 177 -

rights under the lease against the new owner. In addition, the Japanese Supreme
Court held that the legal status of a lessor in a lease contract for immobile property shall be transferred to the new owner together with the ownership of thatimmovable property. This precedent was recognized by law through the amendment of the Japanese Civil Code in June, 2017, which added Article 605-2 to that
effect. What is the difference between Thai law and Japanese law? The students
discussed this point.
Japanese students explained that according to Article 31 (1) of the Act on
Land and Building Lease, the right of lessee shall become effective against a newowner through the delivery of the buildings, and this rule could be recognized
as an exception to the principle that “a sales contract ends a lease relationship.”This provision does not change the right of lessee (a kind of claim right) into areal right that is effective against a third party; however, the right of lessee shallbecome similar to a real right through the effect of law, and the former lessor
shall be succeeded by the new owner in the contractual relationship.
The Thai students explained that the transfer of immovable property could
not be valid unless the sales contract had been concluded through a formal procedure, as provided by law, and the registration has been completed as required
under Article 1299 of the Thai Civil and Commercial Code.8 Under Thai law,a new owner shall succeed the previous owner in a lease contract through thechange in ownership of a leased immovable property. One point of difference
from the Japanese law is that the right of the lessee over the immovable property
is recognized as neither a real right nor similar to a real right but just the legal
status of a lessor caused by a change in the property’s ownership.9
Last, the students discussed the reason that the Roman legal principle, “salecontract ends a lease relationship,” was modified both in Thailand and Japan. It
8Article 1299 (1) of the Thai Civil and Commercial Code: Subject to a provision of this Codeor other laws, no acquisition by juristic act of immovable or of real right appertaining thereto
is complete unless the juristic act is made in writing and the acquisition is registered by thecompetent official.
9

As a result of an amendment to Japanese Civil Code by adding Article 605-2, as statedabove, a similar provision was introduced into Japanese law.
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FROM LAW CLASSROOMS IN ASIAN UNIVERSITIES

was indicated that the modifications aimed to increase the protection of the rightsof the lessee and to reduce the instability of his/her legal status.
2.4.3 Findings
Through the discussion, the idea that a lessee should be guaranteed stablepossession was found in both Thai and Japanese law, although the approach toreach this conclusion and the requirements for protecting the lessee were not always the same. The teachers indicated that there remained room to explain theoretically the protection of the lessee’s interest through the doctrines even though
it was already stipulated explicitly by the provision of law: that is, how to explain
the reason why a sales contract (and a transfer of ownership) does not end a lease
relationship by the proper use of doctrines.

3. Class Observations
The Japanese participants observed a tax law class and an insolvency law
class at TU. Both classes were conducted in English.

3.1 Tax Law
3.1.1 General Information for the Class
The tax law class had more than 50 students. The majority of the students
were Thai, however, some had also came from abroad. The teaching style was alecture, and the teacher used detailed power point slides with figures, pictures,and tables in addition to handouts. The teacher had worked in a tax office, andhas been teaching tax law as a part-time teacher.
3.1.2 Class Topic
The students studied personal income tax (PIT) computation and deemedincome. First, the teacher explained the general rule to calculate tax. Gross income is multiplied by 0.055 percent, equal to the tax, and the standard income
is calculated differently depending on whether the tax payer is an individual or- 179 -

a household. After confirming the general information, he used cases to explain
the typical types of calculations, for example, a case of a single person, a case ofa married couple, and a case of a married couple with children. In this report, we
will introduce the explanation about the case of the married couple.
The teacher explained how much tax the couple should pay when both thehusband and the wife have been working. He gave students some basic information about the couple, including the income of the husband, the income of thewife, income level, deemed income, and number of children. Then, the students
calculated the amount of tax owed using this information. In class, the teacher
provided the answer using general information of the tax law.
According to the current tax law, the tax of the husband is calculated separately from the wife’s income. However, in the past, around 50 years ago, theThai Supreme Court Judgment held, based on its interpretation of the Thai
Constitution, that the income of the wife was recognized as the income of her
husband, and the total revenue of the couple was used as the basis for tax calculation. It seems that the current tax law violates the Constitution. However, under
the current law, this judgment is considered to be one option for tax calculation.
Both the joint calculation and the separate calculation are used in practice. The
teacher explained the practical usage of the joint calculation and the process offilling out the application. In a case in which a couple owns a small business
together, the joint calculation is used for tax calculation because it is hard to
distinguish who is an employee and who is an employer. Another case in which
the joint calculation was used was one where only the husband was working. In
addition, this household would also get a spouse allowance. The teacher provided
various cases and asked questions by changing the conditions, for example, acase in which the husband got a bonus or in which the tax documents of a single
man were accepted as a document of single father with five children.
The class lasted three hours with one ten-minute break and most of the time
was used for tax calculation. Compared with Japanese tax law courses, it seemedthat the class focused on providing students with more practical knowledge andinformation necessary for a taxpayer.
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FROM LAW CLASSROOMS IN ASIAN UNIVERSITIES

3.2 Insolvency Law
3.2.1 General Information for the Class
Around 70 students attended the class on insolvency law. The teaching style
was a lecture, and the teacher used power point slides that summarized principles and provided the provisions of laws and cases in addition to handouts.
3.2.2 The Class TopicIn the beginning of the class, the teacher reviewed what they learned last
week, which was about the right and authority of the receiver10 of the debtor’s
property. The rights of debtors shall be limited if a court orders receivership,
and a receiver must be chosen (Article 22 and Article 24 of the Thai Bankruptcy
Act). A receiver can seize a debtor’s property (Article 19 of the Thai BankruptcyAct); however, he cannot dispose of it, except for the properties in which the value goes down over time, until the court gives a judgment of bankruptcy.
The topic of the class was the interpretation of Article 22 of the Thai Bankruptcy Act.11 This article stipulates that the authority of a receiver belongs exclusively to him/her. Article 22 (1) provides that “to manage and dispose of the
debtor’s property” is an authority of a receiver. The question for interpretation
was the kind of action that should be recognized as management and disposal ofproperty. First, the teacher asked students whether the receiver would be able todo the debtor’s business. The answer was no, because doing business could not
be recognized as the management and disposal of property.
As an example of the authority, a receiver could receive a payment from a
10

In this section, a “receiver” is the administrator of a debtor’s bankrupted property.

11

Article 22: Upon the Court’s receivership order against the debtor, the Receiver alone has

the powers as follows:(1) to manage and dispose of the debtor’s property or to do such act as is necessary for theaccomplishment of the debtor’s unfinished business;(2) to collect and receive money or property which will devolve upon the debtor or which
the debtor is entitled to receive from other persons;(3) to conclude a compromise or institute any action or defend any action in connection
with the debtor’s property.
- 181 -

Lecter of Insolvency Law

debtor of the insolvent (Article 22 (2)). The claim against the debtor should exist
before the order of receivership. For example, Mr. A, a debtor, lent 200,000 baht
to Ms. B. However, A became insolvent. Receivership was ordered by the court,
and Ms. C was chosen to be the receiver. In this case, Ms. C can claim repayment
to Ms. B.
The teacher moved to discuss Article 119. This article stipulates that a receiver can demand payment from the debtor of an insolvent. However, the insolvent’s
claim against the debtor should exist before the order of receivership. He asked
students to consider the following case:
Case 1
Mr. A, a debtor, becomes insolvent. The court ordered receivership for
A and chose Ms. B as a receiver. B signed a lease contract to lend A’s
property to Mr. K and delivered the property to K. However, K did not
pay the fee for the lease. Can B bring a lawsuit against K claiming thepayment of the fee on the basis of Article 119 of the Bankruptcy Act?
The teacher said that the claim was outside the scope of Article 119 because
the lease of the property was made after the receivership was ordered. In thiscase, Mr. K is a debtor to Ms. B. Therefore, B could bring a lawsuit against K as
his creditor.

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FROM LAW CLASSROOMS IN ASIAN UNIVERSITIES

Next, the teacher explained what kind of cases could be covered by Article
22 (3) by using some fictional cases:
Case 2
Mr. A leased a house from Mr. K. However, A became insolvent andcould not pay the fee under his lease contract with K. The court ordered receivership for A and chose Ms. B as the receiver. To whom
can K bring his claim to vacate the house?
The teacher answered that K should claim and bring a lawsuit against A because the lawsuit is not concerned with the debtor’s property. Case 2 was outside
the scope of Article 22 (3) of the Bankruptcy Act.
Case3
Mr. A, a debtor, signed a contract with Mr. B to rent his car, and B
delivered his car to A. However, A became insolvent, and the court
ordered receivership and chose Mr. C as the receiver. B wants to terminate the lease contract and recover the car. Against whom can B
make a claim for the return of his car? A or C?
The teacher answered that B can bring a lawsuit against A, the debtor, not
C, the receiver, “because the car did not belong to A.” Thus, Article 22 (3) of the
Bankruptcy Act only allows the management of property which has “the relationship with debtor’s property.”
Using these cases, the teacher confirmed the interpretation of Article 22 of
the Bankruptcy Act and emphasized its importance.
Next, the teacher moved to another topic related to the debt composition.12 In
Thai insolvency law, the composition must be approved prior to bankruptcy. Using the following example, he explained Article 56 of the Bankruptcy Act, which
12

The composition of debt in this context means the readjustment of repayment by the nego-tiation between the debtor and the creditors for the reconstruction of the debtor’s business.
- 183 -

is concerned with the effect of an order approving composition.
Case
In March 2016, Mr. A, a debtor, borrowed 1 million baht from Ms. B. In
April, 2016, A borrowed 1 million baht from Mr. C. However, A became
insolvent in June, then temporary receivership was ordered for A, anda receiver was chosen. Ms. D lent 1 million baht to A in July, 2016. In
August, 2016, temporary receivership became absolute receivership.
The composition started for A, and only creditor B submitted an application for the repayment of the debt. The court ordered an approval ofcomposition, which said A should return 60% of his debt. Are C and D
bound by the content of the composition or not?
According to the teacher’s explanation, D was not bound by the composition
because D lent money to A after the temporary receivership (Article 94). Only B
and C were creditors who were bound by the composition in this case. Furthermore, who could receive a payment? The answer was B because only a creditor
who submitted an application for repayment of debt could receive a payment
from the composition (Article 91). However, B’s credit was reduced to 600,000
baht due to the composition.
The lecture lasted around 3 hours with a ten-minute break, and students
asked the teacher many questions after the class.
The teaching style was almost the same as that of the insolvency law classes
in Japan. For example, Japanese teachers also use various cases to facilitate theunderstanding of provisions and the process of law. However, the teacher did
not use actual cases or precedents in the class that we observed. We still need tolearn more about the use of precedents in Thai legal education.

3.3 Conclusions on the Class Observations
It was our first time observing classes in Thailand. However, the students, inaddition to the teachers, followed the lectures until the end. The reason seemed- 184 -

FROM LAW CLASSROOMS IN ASIAN UNIVERSITIESTeacher of Insolvency Law
Class Answers Students
Questions

to be that both lectures presented topics that are indispensable to daily life.
The tax law class was presented from the perspective of a taxpayer and focused on how we should pay taxes.
Insolvency law is recognized as an advanced legal subject in Japan because
it is related to various fields of law, including civil law, civil procedure, civil enforcement, and labor law. It is hard for students to understand without concrete
cases. However, by using examples, the teacher tried to make each legal issue as
clear as possible.
Moreover, both classes were well designed for international students. We saw
exchange students in both classes. By using power point slides, handouts, andmany fictional cases, even international students who are not familiar with theThai legal system could follow the classes. We were observers, and none of us
knew Thai tax or insolvency law. However, after the class, we had begun to understand these laws.
From the perspective of comparative legal education, we think that the classes in Thailand were more focused on fostering human legal resources for daily
life and business. The legal profession in Thailand is different from that in Japan.
In Thailand, a legal license is required to represent a client in the court procedure. However, holding a bachelor’s degree in law is enough to work as a legal
consultant.
While in Japan, only those who have passed a bar examination or other legal
professional exam can work as lawyers, and thus, an official license is essential.
- 185 -

Therefore, Japanese students are eager to study legal issues that are useful preparation for the bar exam. Notably, students in law schools are strongly demanding
to absorb knowledge useful for the exam. Legal education in Japanese law school
assumes how to solve the legal issues which are elaborated for the exam. In otherwords, teachers and students always consider how the case would be determined
if it were brought to the court: how they would establish their argument, how
they would collect the evidence, how they would find facts, and what Supreme
Court precedent impacts their case.
It is not an issue of which educational model is better. We would like to findthe reasons for their differences. We can conclude that the legal education methods are inseparable from the purpose of human resource development in eachcountry’s legal field. Before we design a teaching style, we need to make clear
what type of human resources we would like to foster. If we train legal professions, we need to make it clear what legal professions are expected to do in society. Legal education methods depend on that answer.
We think that the ways in which legal professionals are certified influence thedifferences in legal education. In Thailand, the graduates of the faculty of law
can provide legal consultation, although they cannot represent clients in the court
unless they pass the bar exam, while in Japan only the lawyers who pass the state
examination can provide any legal services. Which system better promotes access to justice? It is not for us to decide.

4. Conclusion
4.1 ‌Legal Education Depends on the Social Expectations about theLegal Profession
As previously mentioned, the Collaboration Program at Thammasat University (TU) in Bangkok held in September, 2017, adopted the same frameworkas that conducted in Ho Chi Minh and Phnom Penh in March, 2017,13 which
consisted of (a) special lectures by teachers on current legal issues in each home13

See 1 above.
- 186 -

FROM LAW CLASSROOMS IN ASIAN UNIVERSITIES

country, (b) presentations by students on the common topic, and (c) class observations at the host university. The purpose of using the same framework was toimprove each component. For instance, we used the same “Common Topic” forthe students’ presentations and discussions because it enabled us to compare thecharacteristics of students’ approaches to solve legal issues and to analyze thereasons for their similarities and differences, which will lead to the improvementof the cooperation programs and the development of common materials to be
used among partner universities.
We made many findings during Bangkok Program. Students at TU naturally
used legal syllogism to solve the legal issues included in the Common Topic, justlike the students in Ho Chi Minh and Phnom Penh. Further, when they interpreted the law to apply it to the case, they always referred to the purpose of thatlaw, as was illustrated previously in the students’ interpretation of Article 820 of
the Thai Civil and Commercial Code.14 Teachers also frequently confirmed thereasons for the provision and asked students to discuss the law’s theoretical justification. This may be a characteristic of the Thai legal education system.
There must be reasons for this pedagogical style. It seemed to be closely related with the system of the legal profession in Thailand, where the graduates ofthe faculty of law are able to provide legal consultation to their client regardlessof licensing.15 During legal consultation, clients often like to know not only the
expected results of the legal conflict they are facing, but also the justification
for the results based on a reasonable interpretation and application of laws. To
answer these clients’ queries, it would not be enough to merely identify the applicable laws. The pedagogical style that trains students to always think about thereason and theoretical justification for the law seems to be closely related withthe social expectations for the legal professionals. It would be those fundamentalsocial demands that determine a basic condition to developing legal professions,which will influence the teaching method of teachers and learning style of students.
14

See 2.3.1 above.

15

See 3.3 above.
- 187 -

In the rapidly globalizing Asian market, new and complicated legal conflicts
are emerging, which cannot be easily solved through the simple application ofexisting laws. The PAGLEP aims to foster legal professionals who will tackle
these unknown and difficult problems. The Bangkok Program gave us usefulfindings for the further development of the PAGLEP.

4.2 ‌Dynamic Changes in Legal Education in Accordance with
Development
There is no single, static, or ideal legal education system. It is always dynamically changing in accordance with the shifting social needs of each country.16
As we have observed in the Ho Chi Minh Program, the Phnom Penh Program,and the Bangkok Program, the social needs for legal professionals were not identical. In the construction of a basic structure of the rule of law, the priority of thepedagogical method of legal education should be to the precise confirmation of
black-letter law to be applied to the case. It is not easy for government officials or
citizens to identify the proper provisions from the accumulation of overlapping
laws and regulations to apply in a given circumstance. In this situation, legal
professionals are expected to draw appropriate laws and regulations and to apply
them to the case for the fair solution of the conflict. However, the role of legal
professionals should change in accordance with the changes in the legal systemof the country as a result of political and economic shifts. In accordance withthe gradual legalization of a society, legal professionals will be often asked to
explain the reasonable justification of laws, regulations or judgments. In this circumstance, even the increase of explicit legislation of congress, administrative
regulation, and the judgement of court will not liberate legal professionals fromtheir responsibility to explain the reason why the laws, regulations, and judgments should be or should not be justified to the citizen. It is evident, particularly
16

In this situation, we want to know “what changes in society are related with what pedagog-

ical aspects of legal education.” See Hiroshi Matsuo, “Why and How Should Comparative
Legal Education Be Promoted in an Asian Context,” in: KEIGLAD, Comparative Legal Education from Asian Perspective, Keio University Press, 2017, p. 11.
- 188 -

FROM LAW CLASSROOMS IN ASIAN UNIVERSITIESfrom the dynamically changing social context in Asia, that legal education must
flexibly follow the changes in social needs for legal professions in each country.

- 189 -

MATERIALCOURSE CATALOGSCOURSE CATALOGS: HANOI LAW UNIVERSITYHANOI LAW UNIVERSITY, VIETNAM

Bachelor of Laws (LL.B.) Program
1) GENERAL EDUCATION (required course load 26 credits, excluding
physical and military education)1-1) Compulsory Courses (required course load: 22 credits)
1-1-1) Basic Principles of Marxism - Leninism(1)

2 creditsFall

1-1-2) Basic Principles of Marxism - Leninism(2)

3 creditsFall

1-1-3) Ho Chi Minh Thought

2 credits

Spring

1-1-4) Revolution Lines of Vietnam
Communist Party

3 credits

Spring

1-1-5) Sociology of Law

3 credits

Spring

1-1-6) Foreign Language (1) (choose 1 of
the Languages: English, Russian, French,
Chinese, Japanese, German), Legal
Vietnamese (applying for foreign students)

3 credits

Fall / Spring

1-1-7) Foreign Language (2) (choose 1 ofthe languages: English, Russian, French,
Chinese, Japanese, German), Legal
Vietnamese (applying for foreign students)

4 credits

Fall / Spring

1-1-8) Informatics

2 credits

Spring1-2) Elective Courses (required course load: 4 credits)
1-2-1) Macroeconomics

2 credits

Fall / Spring

1-2-2) International Economic Relations

2 credits

Fall / Spring

1-2-3) History of World Civilisation

2 credits

Fall / Spring

1-2-4) General Vietnamese Culture

2credits

Fall / Spring

1-2-5) General Psychology

2credits

Fall / Spring- 193 -

1-2-6) General Logic

2 credits

Fall / Spring

1-2-7) Legal Profession and Methods to StudyLaw

2 credits

Spring2) PROFESSIONAL EDUCATION (required course load: 90 credits)2-1) Compulsory Courses (required course load: 66 credits)
2-1-1) Theory of State and Law

5 creditsFall

2-1-2) Constitutional Law

4 creditsFall

2-1-3) Legal Drafting

3 credits

Fall / Spring

2-1-4) Administrative Law

4 credits

Spring2-1-5) Criminal Law (1)3 credits

Spring2-1-6) Criminal Law (2)3 creditsFall

2-1-7) Criminal Procedure Law

3 creditsFall

2-1-8) Civil Law (1)3 creditsFall

2-1-9) Civil Law (2)3 credits

Spring2-1-10) Law on Marriage and Family

3 creditsFall

2-1-11) Civil Procedure Law

3 credits

Spring2-1-12) Commercial Law (1)3 creditsFall

2-1-13) Commercial Law (2)3 credits

Spring2-1-14) Labour Law

3 creditsFall

2-1-15) Financial Law

3 creditsFall

2-1-16) Land Law

3 credits

Spring2-1-17) Public International Law

4 creditsFall

2-1-18) Private International Law

4 credits

Spring2-1-19) Law on ASEAN Community

3 credits

Spring- 194 -

COURSE CATALOGS: HANOI LAW UNIVERSITY

2-1-20) International Trade Law

3 credits

Spring2-2) Elective Courses (required course load: 24 credits)
2-2-1) History of State and Law

3 credits

Spring2-2-2) Comparative Law

3 credits

Spring2-2-3) Organisation and Operation of thePeople’s Courts and the People’s Procuracies

2 credits

Fall / Spring

2-2-4) Foreign Constitutional Law

2 credits

Spring2-2-5) Administrative Procedure Law

2 credits

Spring

2-2-6) Lawyering, Notarization andCertification

2 creditsFall

2-2-7) Inspection and Handling of Complaints
and Denunciations

2 credits

Spring

2-2-8) International Criminal Law

2 credits

Fall / Spring

2-2-9) Mafia Criminal Organization

2 credits

Fall / Spring

2-2-10) Criminology

2 credits

Fall / Spring

2-2-11) Criminal Investigation Science2 credits

Spring2-2-12) Special Criminal Procedure

2 credits

Spring2-2-13) Judicial Psychology

2 credits

Spring2-2-14) Law on Anti-corruption

2 credits

Spring2-2-15) Intellectual Property Law

3 credits

Fall / Spring

2-2-16) Law on Secured Transactions

2 credits

Fall / Spring

2-2-17) Roman Law

2 credits

Spring2-2-18) Law on Gender Equality

2 credits

Spring2-2-19) Civil Matter Resolution Procedure

2 credits

Fall / Spring

2-2-20) Law on Enforcement of Civil
Judgments

2 credits

Spring- 195 -

2-2-21) Investment Law

2 credits

Fall / Spring

2-2-22) Social Security Law

2 credits

Fall / Spring

2-2-23) Insurance Business Law

2 credits

Fall / Spring

2-2-24) Competition Law and Consumer
Protection Law

3 credits

Fall / Spring

2-2-25) Environmental Law

3 credits

Fall / Spring

2-2-26) Environmental Law in Business
Activities

2 credits

Fall / Spring

2-2-27) Law on Real Estate Business2 credits

Fall / Spring

2-2-28) Law on Compensation for Ground
Clearance

2 credits

Fall / Spring

2-2-29) Law on People with Disabilities

2 credits

Fall / Spring

2-2-30) Modern International Law of the Sea

3 credits

Spring2-2-31) Vietnamese Law and International Law
on Human Rights

3 credits

Spring2-2-32) Law on International Treaties

2 credits

Spring2-2-33) Law on Tendering

2 credits

Fall / Spring

2-2-34) International Maritime Law

2 credits

Fall / Spring

2-2-35) International Law on Aviation
Transportation

2 credits

Fall / Spring

2-2-36) International Commercial ArbitrationLaw

2 credits

Fall / Spring

2-2-37) Customs Law

2 credits

Fall / Spring

2-2-38) Law on European Union

3 credits

Spring2-2-39) General Skills for Law Consultation

2 credits

Fall / Spring

2-2-40) Skills for Drafting Common
Administrative Documents

2 credits

Fall / Spring- 196 -

COURSE CATALOGS: HANOI LAW UNIVERSITY

2-2-41) Skills for Appraising Legal Normative
Documents

2 credits

Fall / Spring

2-2-42) Law Consultation Skills for
Administrative Law Related Matters

2 credits

Fall / Spring

2-2-43) Law Consultation Skills for Criminal
Law Related Matters

2 credits

Fall / Spring

2-2-44) Law Consultation Skills for Civil Law
Related Matters

2 credits

Fall / Spring

2-2-45) Law Consultation Skills for Marriage
and Family Law Related Matters

2 credits

Fall / Spring

2-2-46) Law Consultation Skills for Intellectual
Property Law Related Matters

2 credits

Fall / Spring

2-2-47) Law Consultation Skills forCommercial Law Related Matters

2 credits

Fall / Spring

2-2-48) Law Consultation Skills for Labour
Law Related Matters

2 credits

Fall / Spring

2-2-49) Law Consultation Skills for Land Law
Related Matters

2 credits

Fall / Spring

2-2-50) Law Consultation Skills for Tax andEnterprise Finance Related Matters

2 credits

Fall / Spring

2-2-51) Skills for Negotiation, Drafting and
Implementation Of Contracts

2 credits

Fall / Spring

2-2-52) Skills for Participation in Resolution of
Administrative Cases

2 credits

Fall / Spring

2-2-53) Skills for Practice of Some Activities
in Criminal Procedure

2 credits

Fall / Spring

2-2-54) Skills for Participation in Resolution of
Civil Cases

2 credits

Fall / Spring

2-2-55) [course taught in English] Introduction
to the Vietnamese Legal System

2 credits

Fall- 197 -

2-2-56) [course taught in English] Organization
and Operation of the Judicial Organs in
Vietnam

2 credits

Spring2-2-57) [course taught in English] Modern
Constitutionalism

2 credits

Spring2-2-58) [course taught in English] Fundamental
Civil Rights in the Modern World

2 credits

Spring2-2-59) [course taught in English] Comparative
Contract Law

2 creditsFall

2-2-60) [course taught in English] WTO Law

2 credits

Spring

2-2-61) [course taught in English] International
Investment Law

2 creditsFall

2-2-62) [course taught in English] Law onInternational Franchising

2 credits

Spring

2-2-63) [course taught in English] Legal
Reasoning and Legal Writing for Legal
Professionals

2 creditsFall

2-2-64) [course taught in English] Lawyers’
Presentation Skills

2 credits

Spring2-3) Thesis Writing; Professional Internship; and Enrollment of
Other Professional Courses (required course load: 10 credits)
2-3-1) Thesis Writing: Applying for Students
Meeting Conditions in Accordance with
University’s Regulations

10 credits

Fall / Spring

2-3-2) Students who do not meet conditions for thesis writing or do not choose towrite thesis, must choose one of the following ways:(i) Enrollment of Other Professional Courses: 10 credits; or(ii) Doing professional Internship: 4 credits (equivalent to 180 internship hours insome agencies) and Enrollment of Other Professional Courses: 6 credits
Note:
Duration of the Program: 4 years (full-time)* Course load: 120 credits (excluding physical and military education)- 198 -

COURSE CATALOGS: UNIVERSITY OF ECONOMICS AND LAW HOCHIMINH CITY

UNIVERSITY OF ECONOMICS AND LAW,
VIETNAM NATIONAL UNIVERSITY,HOCHIMINH CITY
LL.M. Program with Research Orientation
1) General Knowledge
Philosophy

4 credits

Semester 1

2-1-1) Legal Research

2 credits

Semester 1

2-1-2) Property Law

3 credits

Semester 1

2-1-3) Enterprise Law

3 credits

Semester 1

2-1-4) Contract Law

3 credits

Semester 1

2-1-5) Commercial Law

3 credits

Semester 2

2-2-1) Law and Economics

2 credits

Semester 3

2-2-2) Competition Law

2 credits

Semester 2

2-2-3) Banking Law

2 credits

Semester 2

2-2-4) Dispute Settlement in Trade

2 credits

Semester 2

2-2-5) Intellectual Property Law

3 credits

Semester 2

2-2-6) Investment Law

2 credits

Semester 3

2-2-7) Environment Law

2 credits

Semester 2

2-2-8) Law on Bidding

2 credits

Semester 3

2-2-9) Tax Law on Business Activities

2 credits

Semester 2

2-2-10) Law on Accounting and Audit

2 credits

Semester 32) Basic and Specialized Knowledge2-1) Compulsory courses

2-2) Optional Courses- 199 -

2-2-11) Law on Management of Foreign
Currency and Monetary Market

2 credits

Semester 3

2-2-12) Merger and Acquisition

2 credits

Semester 3

2-2-13) Insurance Law on Business Activities

2 credits

Semester 3

2-2-14) Competition Procedure

2 credits

Semester 3

2-2-15) International Trade Law

3 credits

Semester 3

2-2-16) Law on Land and Real Estate Trading

3 credits

Semester 3

3) Master Thesis

15 credits

Semester 4

LL.M. Program with Practical Orientation
1) General Knowledge
Philosophy

4 credits

Semester 12) Basic and Specialized Knowledge2-1) Compulsory Courses
2-1-1) Legal Research

2 credits

Semester 1

2-1-2) Property Law

3 credits

Semester 1

2-1-3) Enterprise Law

3 credits

Semester 1

2-1-4) Contract Law

3 credits

Semester 1

2-1-5) Commercial Law

3 credits

Semester 2

2-2-1) Law and Economics

2 credits

Semester 3

2-2-2) Competition Law

2 credits

Semester 3

2-2-3) Banking Law

2 credits

Semester 2

2-2-4) Dispute Settlement in Trade

2 credits

Semester 22-2) Optional Courses- 200 -

COURSE CATALOGS: UNIVERSITY OF ECONOMICS AND LAW HOCHIMINH CITY

2-2-5) Intellectual Property Law

3 credits

Semester 2

2-2-6) Investment Law

2 credits

Semester 3

2-2-7) Environment Law

2 credits

Semester 2

2-2-8) Law on Bidding

2 credits

Semester 3

2-2-9) Tax Law on Business Activities

2 credits

Semester 2

2-2-10) Law on Accounting and Audit

2 credits

Semester 3

2-2-11) Law on Management of Foreign
Currency and Monetary Market

2 credits

Semester 3

2-2-12) Merger and Acquisition

2 credits

Semester 3

2-2-13) Insurance Law on Business Activities

2 credits

Semester 3

2-2-14) Competition Procedure

2 credits

Semester 3

2-2-15) International Trade Law

3 credits

Semester 3

2-2-16) Law on Land and Real Estate Trading

3 credits

Semester 3

3) Master Thesis

7 credits

Semester 4- 201 -

LL.B. Program1) Basic Knowledge (general education): 36 credits1-1) Compulsory Courses (25 credits)
1-1-1) Basic Principles of Marxism – Leninism

5 credits

Semester 1

1) Revolutionary Guidelines of Vietnamese
Communist Party

3 credits

Semester 32) Ho Chi Minh Thoughts

2 credits

Semester 23) Microeconomic 1

3 credits

Semester 1

4) Macroeconomic 1

3 credits

Semester 25) Introduction to State and Law

3 credits

Semester 1

6) Enterprise Law

3 credits

Semester 37) Basic Administration

3 credits

Semester 1

1) Psychology

3 credits

Semester 1

2) Introduction to Communication Science

3 credits

Semester 1

1) Applied Informatics Technology

2 credits

Semester 32) Logics

2 credits

Semester 3

1) International Relations

3 credits

Semester 22) Geopolitics

3 credits

Semester 2

1) Sociology

2 credits

Semester 22) Cultural Studies

2 credits

Semester 21-2) Optional Courses (11 credits)
Group 1

Group 2

Group 3

Group 4

- 202 -

COURSE CATALOGS: UNIVERSITY OF ECONOMICS AND LAW HOCHIMINH CITYGroup 5
1) Legal Research skills

2 credits

Semester 32) Team-work skills

2 credits

Semester 3

1) Tort Law

3 credits

Semester 42) Constitution

3 credits

Semester 23) Contract Law

3 credits

Semester 34) Civil Procedure

3 credits

Semester 55) History of State and Law in Viet Nam

3 credits

Semester 26) Introduction to Civil Law

3 credits

Semester 2

7) Property Law

3 credits

Semester 38) Administrative law

3 credits

Semester 39) Criminal Law

3 credits

Semester 510) Environment Law

3 credits

Semester 72) Specialized knowledge: 95 credits2-1) Basic legal studies: 30 credits2-2) Specialized Legal Studies of Major: 55 credits
2-2-1) Basic Knowledge of Major: 28 creditsA) Compulsory Courses (21 credits)
1) Intellectual Property Law

3 credits

Semester 72) Commercial Law

3 credits

Semester 43) Labour Law

3 credits

Semester 64) General contracts

3 credits

Semester 45) Criminal Procedure

3 credits

Semester 66) Tax Law

3 credits

Semester 6- 203 -

7) Land Law

3 credits

Semester 4

1) Logistics

3 credits

Semester 42) International Trade Norms

2 credits

Semester 53) International Law of the Sea

2 credits

Semester 54) International Insurance Law

3 credits

Semester 55) International Aviation Law

2 credits

Semester 4B) Optional Courses (7 credits)

2-2-2) Specialized knowledge of major: 27 creditsA) Compulsory courses (21 credits)
1) International Public Law

3 credits

Semester 42) Competition Law

3 credits

Semester 53) International Sales Law

3 credits

Semester 64) International Private Law

3 credits

Semester 55) Maritime Law

2 credits

Semester 66) Law of the World Trade Organization

3 credits

Semester 57) Banking Law

2 credits

Semester 78) Contract Negotiation and Drafting Skills

2 credits

Semester 7

1) WTO Dispute Settlement Mechanism

2 credits

Semester 62) Trade Remedies

2 credits

Semester 63) Arbitration in International Trade

2 credits

Semester 64) Non-Tariff Barriers on Trade

2 credits

Semester 6B) Optional courses (6 credits)2-3) Internship and Dissertation: 10 creditsA) Compulsory courses: 4 credits- 204 -

COURSE CATALOGS: UNIVERSITY OF ECONOMICS AND LAW HOCHIMINH CITYInternship4 credits

Semester 7B) Optional courses: 6 credits (Dissertation or Specialized Subjects)
Option 1: Dissertation

6 credits

Semester 7

Subject 1: Custom Law

3 credits

Semester 7

Subject 2: Regulations on Insurance Trading

3 credits

Semester 7

Option 2: Specialized Subjects

Note:
Semester 1, 3, 5 and 7 start from September and end in December.
Semester 2, 4, 6 and 8 start from January and end in May.
1st grade students take the Semester 1 and 2, and 2nd grade students take the Semester 3 and 4.
3rd grade students take the Semester 5 and 6, and 4th grade students take the Semester 7 and 8.

- 205 -

PAÑÑĀSĀSTRA UNIVERSITY OF CAMBODIA
Faculty of Law and Public Affairs

LL.M. in IBL
YEAR I:Foundation Year Courses
2-1) Global Environment Awareness3 credits2-2) Fundamentals of Economics

3 credits2-3) Negotiations and Conflict Resolutions

3 credits4-4) Cambodian Laws in Context

3 credits2-5) Introduction to International Law and
Human Rights Law

3 credits2-6) Advanced Legal Research and Writing

3 credits

YEAR II:
Basic Major Courses
2-7) International Human Rights Law andPractice

3 credits2-8) Business Law and Practice

3 credits2-9) Intellectual Property Law and Practice

3 credits

Major Courses: International Business Law2-10) Advanced Labor Law

3 credits2-11) International Trade Law

3 credits2-12) International Commercial Dispute
Settlement

3 credits2-13) Advanced Corporation Law

3 credits2-14) Advanced Law on Business Contracts

3 credits- 206 -

COURSE CATALOGS: PAÑÑĀSĀSTRA UNIVERSITY OF CAMBODIA

Elective Courses (6 credits)2-15) Constitutional Rights: In a Comparative
Perspectives

3 credits2-16) Human Rights and Good Governance3 credits2-17) Governance, Management andLeadership Dynamics

3 credits2-18) Human Rights and Business3 credits2-19) International Criminal Law

3 credits2-20) Human Rights and Intellectual Property

3 credits2-21) Advanced Taxation Law

3 credits2-22) Competition and Consumer Law

3 credits2-23) Securities Law

3 credits2-24) Advanced Banking Law

3 credits2-25) Comparative Insurance Law

3 credits2-26) Globalization and Conflict of Law

3 credits2-27) Human Rights and Labour Rights

3 credits2-28) Human Rights and Mediation

3 credits2-29) Moot Court Course

3 credits2-30) Human Values Education

3 credits2-31) Human Rights in South East Asia

3 credits

Graduation Paths*(choose one)
Comprehensive Examination (2 seminars)2-32) Seminar in Public Law

3 credits2-33) Seminar in Private Law

3 credits2-34) Seminar in International Law

3 credits- 207 -

Project Report Path2-35) Report and Thesis Research
Methodologies and Writing

3 credits2-36) Applied Report and Defence

3 credits

Thesis Path2-37) Report and Thesis Research
Methodologies and Writing

3 credits2-38) Master’s Thesis

3 credits

Note:
PUC Academic Calendar [Nov-Apr: 9 credits], [Apr-Aug: 9 credits] and [Aug-Nov: 6 credits]* Master of Law in International Business Law: 54 credits (18 courses)

LL.M. in IPLYEAR I:Foundation Year Courses
3-1) Global Environment Awareness3 credits3-2) Fundamentals of Economics

3 credits3-3) Negotiations and Conflict Resolutions

3 credits3-4) Cambodian Laws in Context

3 credits3-5) Introduction to International Law and
Human Rights Law

3 credits3-6) Advanced Legal Research and Writing

3 credits

YEAR II:
Basic Major Courses
3-7) International Human Rights Law andPractice

3 credits8-8) Business Law and Practice

3 credits3-9) Intellectual Property Law and Practice

3 credits- 208 -

COURSE CATALOGS: PAÑÑĀSĀSTRA UNIVERSITY OF CAMBODIA

Major Courses: Intellectual Property Law3-10) International Intellectual Property Law

3 credits3-11) Copyright and Related Rights

3 credits3-12) Trade Marks, Domain Names andGeographical Indications

3 credits3-13) Patents, Utility Models and Trade Secrets

3 credits3-14) Industrial Designs and Plant Variety
Protection

3 credits

Elective Courses (6 credits)3-15) Constitutional Rights: In a Comparative
Perspectives

3 credits3-16) Human Rights and Good Governance3 credits3-17) Governance, Management andLeadership Dynamics

3 credits3-18) Human Rights and Business3 credits3-19) International Criminal Law

3 credits3-20) Human Rights and Intellectual Property

3 credits3-21) Advanced Taxation Law

3 credits3-22) Competition and Consumer Law

3 credits3-23) Securities Law

3 credits3-24) Advanced Banking Law

3 credits3-25) Comparative Insurance Law

3 credits3-26) Globalization and Conflict of Law

3 credits3-27) Human Rights and Labour Rights

3 credits3-28) Human Rights and Mediation

3 credits3-29) Moot Court Course

3 credits- 209 -

3-30) Human Values Education

3 credits3-31) Human Rights in South East Asia

3 credits

Graduation Paths*(choose one)
Comprehensive Examination (2 seminars)
3-32) Seminar in Public Law

3 credits3-33) Seminar in Private Law

3 credits3-34) Seminar in International Law

3 credits

Project Report Path3-35) Report and Thesis Research
Methodologies and Writing

3 credits3-36) Applied Report and Defence

3 credits

Thesis Path3-37) Report and Thesis Research
Methodologies and Writing

3 credits3-38) Master’s Thesis

3 credits

Note:
PUC Academic Calendar [Nov-Apr: 9 credits], [Apr-Aug: 9 credits] and [Aug-Nov: 6 credits]* Master of Law in Intellectual Property Law: 54 credits (18 courses)

LL.M. in IHRLYEAR I:Foundation Year Courses
4-1) Global Environment Awareness3 credits4-2) Fundamentals of Economics

3 credits4-3) Negotiations and Conflict Resolutions

3 credits4-4) Cambodian Laws in Context

3 credits4-5) Introduction to International Law and
Human Rights Law

3 credits- 210 -

COURSE CATALOGS: PAÑÑĀSĀSTRA UNIVERSITY OF CAMBODIA

4-6) Advanced Legal Research and Writing

3 credits

YEAR II:
Basic Major Courses
4-7) International Human Rights Law andPractice

3 credits4-8) Business Law and Practice

3 credits4-9) Intellectual Property Law and Practice

3 credits

Major Courses: International Human Rights Law4-10) Methods of Human Right Research(External Lecturer)

3 credits4-11) International and Regional Human RightLaws

3 credits4-12) Human Rights and Criminal Justice

3 credits4-13) Contemporary Human Right Issues

3 credits4-14) Human Rights and Women

3 credits

Elective Courses (6 credits)4-15) Constitutional Rights: In a Comparative
Perspectives

3 credits4-16) Human Rights and Good Governance3 credits4-17) Governance, Management andLeadership Dynamics

3 credits4-18) Human Rights and Business3 credits4-19) International Criminal Law

3 credits4-20) Human Rights and Intellectual Property

3 credits4-21) Advanced Taxation Law

3 credits4-22) Competition and Consumer Law

3 credits4-23) Securities Law

3 credits- 211 -

4-24) Advanced Banking Law

3 credits4-25) Comparative Insurance Law

3 credits4-26) Globalization and Conflict of Law

3 credits4-27) Human Rights and Labour Rights

3 credits4-28) Human Rights and Mediation

3 credits4-29) Moot Court Course

3 credits4-30) Human Values Education

3 credits4-31) Human Rights in South East Asia

3 credits

Graduation Paths*(choose one)
Project Report Path4-32) Report and Thesis Research
Methodologies and Writing

3 credits4-33) Applied Report and Defence

3 credits

Master’s Thesis Path4-34) Report and Thesis Research
Methodologies and Writing

3 credits4-35) Master’s Thesis

3 credits

Note:
PUC Academic Calendar [Nov-Apr: 9 credits], [Apr-Aug: 9 credits] and [Aug-Nov: 6 credits]* Master of Law in International Human Rights Law: 54 credits (18 courses)- 212 -

COURSE CATALOGS: PAÑÑĀSĀSTRA UNIVERSITY OF CAMBODIA

LL.B.
YEAR I:Foundation Year Courses
1-1) English I: Reading and Composition

3 credits

1-2) English II: Intermediate Reading andComposition

3 credits

1-3) Cultural Anthropology

3 credits

1-4) Introduction to Computers

4 credits

1-5) Environmental Science

3 credits

1-6) Introduction to Political Science

3 credits

1-7) Gender Studies

3 credits

1-8) Khmer Studies

3 credits

Oriented Courses
1-9) Introduction to Law

3 credits

1-10) Basic Legal Concepts

3 credits

YEAR II:
Functional Skill Courses
1-11) College Algebra

3 credits

1-12) Logic and Critical Thinking

3 credits

1-13) Academic Research-Information Literacy

3 credits

1-14) Introduction to Ethics

3 credits

1-15) Personal Growth and Development

3 credits

1-16) Health Education and Fitness

3 credits

1-17) Civil Law I: Family Law and Succession

3 credits1-18) Business Law

3 credits- 213 -

Oriented Courses
1-19) Cambodian Constitution

3 credits1-20) History of Cambodia

3 credits1-21) ASEAN Governments, Politics andEconomics

3 credits

YEAR III:
Basic Major Course
1-22) Criminal Law (Substantives)

3 credits

1-23) Legal Research and Writing Skills

3 credits1-24) Introduction to International Law

3 credits1-25) Introduction to Public Policy and
Administration

3 credits

1-26) Administrative Law

3 credits

1-27) Civil Law II (Property Law: Real Rights
and Claims)

3 credits

1-28) Alternative Dispute Resolution (ADR)

3 credits1-29) Civil Procedure

3 credits1-30) Criminal Procedure

3 credits1-31) Civil Law III (Obligation: Contract andTort)

3 credits1-32) Labor Law

3 credits

YEAR IV:
Major Courses
1-33) Fiscal Legislation and Taxation

3 credits

1-34) International Human Rights Law

3 credits1-35) Intellectual Property Law

3 credits- 214 -

COURSE CATALOGS: PAÑÑĀSĀSTRA UNIVERSITY OF CAMBODIA

1-36) Legal Systems of ASEAN Nations

3 credits

1-37) Court Advocacy Skills and Techniques

3 credits

1-38) Client Counselling and Practice

3 credits

1-39) Research Methodology and Senior
Project Writing

3 credits

Elective Courses (earn at least 9 credits)1-40) Community Legal Education Program

3 credits1-41) Environmental Law

3 credits1-42) Financial Law

3 credits

1-43) Criminology

3 credits

1-44) Legislative Drafting and Practice (Clinic
Course)3 credits1-45) Contract Writing and Practice (Clinic
Course)3 credits1-46) Negotiation and Practice (Clinic Course)

3 credits1-47) Rights of Persons with Disabilities I

3 credits1-48) Rights of Persons with Disabilities II

3 credits

Graduation Path *(choose one)1-50) Senior Project and Defense

3 credits1-50) Legal Internship/Legal Clinic Programs

3 credits1-50) Exit Exam

3 credits

Note:
PUC Academic Calendar [Nov-Apr: 12 Credits], [Apr-Aug: 12 Credits] and [Aug-Nov: 9 Credits]* Bachelor of Laws: 130 Credits (43 Courses)- 215 -NATIONAL UNIVERSITY OF LAOS
Faculty of Law and Political Science
Master’s ProgramsI) LL.M. Course (Master of Law): 50 credits
1) Mandatory’s Course (26 credits)
1-1) Civil Law

3 credits

1st Semester

1-2) Criminal Law

3 credits

1st Semester

1-3) Civil Procedural Law

3 credits

2nd Semester

1-4) Criminal Procedural Law

3 credits

2nd Semester

1-5) Law in Majoring of Business and Trade

3 credits

2nd Semester

1-6) Politic

3 credits

3rd Semester

1-7) Constitution Comparatives Study

3 credits

1st Semester

1-8) Comparative Judicial System

3 credits

3rd Semester

1-9) Philosophy of Law

3 credits

1st Semester

2-1) Administration Comparative Study

2 credits

2nd Semester2-2) Laws on Finance field

2 credits

2nd Semester2-3) Labour Law

2 credits

3rd Semester2-4) Environments Law

2 credits

3rd Semester2-5) Laws on Naturals Resources

2 credits

3rd Semester2-6) Economics Offences

2 credits

3rd Semester2-7) ASEAN’s Policy

2 credits

3rd Semester2-8) International Arbitration

2 credits

3rd Semester2) Electives Course (14 credits)- 216 -

COURSE CATALOGS: NATIONAL UNIVERSITY OF LAOS

2-9) International Criminal Court

2 credits

3rd Semester2-10) International Private Law

2 credits

3rd Semester2-11) International Public Law

2 credits

3rd Semester

3-1) Graduate Writing Seminar

2 credits

4th Semester

3-2) Writing and Defense Thesis

8 credits

4th Semester

3) Master Thesis (10 credits)

II) LL.M. (Master of Law Majoring in Business Law): 47 credits
1) Mandatory’s Course (29 credits)
1-1) Politic

3 credits

1st Semester

1-2) Commercial and International Trade Law

3 credits

1st Semester

1-3) International Tax Law

3 credits

1st Semester

1-4) Advanced Enterprise Law and Business3 credits

1st Semester

1-5) Advanced Intellectual Property

2 credits

1st Semester

1-6) Law on Financial Institutions

3 credits

2nd Semester

1-7) Advanced International Economic
Cooperation

2 credits

2nd Semester

1-8) Economic and Trade Disputed Resolution

3 credits

2nd Semester

1-9) Advanced Business Economic

2 credits

2nd Semester

1-10) English for Business Law

2 credits

3rd Semester

1-11) Statistic for Academic Research

2 credits

3rd Semester

1-12) Research Methodology

2 credits

2nd Semester

2-1) Insurance Law

2 credits

3rd Semester2-2) Business and Personal Administration

2 credits

3rd Semester2) Electives Course (4 credits)- 217 -

2-3) Economic Crimes

2 credits

3rd Semester2-4) Environments Law

2 credits

3rd Semester2-5) Business Contract

2 credits

3rd Semester3) Thesis

14 credits

4th Semester

III) Master of Political Science Majoring in Administrative Law: 48 credits
1) Mandatory’s Course (30 credits)
1-1) Policy of Lao PDR

2 credits

1st Semester

1-2) English Language

2 credits

1st Semester

1-3) Constitution Law

3 credits

1st Semester

1-4) Administrative Law

4 credits

1st Semester

1-5) Comparative Administrative Law

2 credits

2nd Semester

1-6) International Relations

2 credits

2nd Semester

1-7) Public Financial Law

2 credits

2nd Semester

1-8) Research Methodology

3 credits

2nd Semester

1-9) Organization Administration

3 credits

3rd Semester

1-10) Public Administration

3 credits

2nd Semester

1-11) Foreign Policy of Laos

2 credits

1st Semester

1-12) Administrative Procedural Law

3 credits

3rd Semester

2-1) ASEAN Study

2 credits

3rd Semester2-2) Political Science Theory

2 credits

3rd Semester2-3) Advanced Civil Procedural Law

2 credits

3rd Semester2-4) Advanced Criminal Procedural Law

2 credits

3rd Semester2) Electives Course (4 credits)- 218 -

COURSE CATALOGS: NATIONAL UNIVERSITY OF LAOS

2-5) International Law

2 credits

3rd Semester2-6) Environment Law

2 credits

3rd Semester2-8) International economic Law

2 credits

3rd Semester2-9) Administrative Court

2 credits

3rd Semester

3) Master Thesis

14 credits

4th SemesterIV) Master of International Law (study in French): 49 credits
1) Mandatory’s Course (30 credits)
1-1) Politic 2 credits

2 credits

1st Semester

1-2) International Private Law (1)2 credits

1st Semester

1-3) International private Law (2)1 credits

1st Semester

1-4) International Public Law (1)2 credits

1st Semester

1-5) International Public Law (2)1 credits

1st Semester

1-6) French Terminology (1)2 credits

2nd Semester

1-7) International Trade Law (1)2 credits

2nd Semester

1-8) International Trade Law (2)1 credits

2nd Semester

1-9) Comparative Law

2 credits

2nd Semester

1-10) International Arbitration

2 credits

3rd Semester

1-11) ASEAN laws

2 credits

2nd Semester

1-12) EUROPEAN Laws

2 credits

2nd Semester

1-13) International Economic Law (1)2 credits

3rd Semester

1-14) International Economic Law (2)1 credits

3rd Semester

1-15) Academic Research and Writing

2 credits

3rd Semester

1-16) French for Legal Study (1)2 credits

2nd Semester- 219 -

2 credits

3rd Semester

2-1) Geopolitics

2 credits

1st Semester2-2) International Humanitarian Law

2 credits

3rd Semester

3) Master Thesis

15 credits

4th Semester

1-17) French for Legal Study (2)2) Electives Course (4 credits)

Note:
The First Semester started from October and end in February.
The Second Semester started from March and end in July.
The Third Semester started from August and end in December.
The Fourth Semester started from January and end in May.
* There are two – year course with two different periods of commencement, either in October or in March.
There are five – month in each semester.

- 220 -

COURSE CATALOGS: THAMMASAT UNIVERSITY

THAMMASAT UNIVERSITY, THAILAND
Faculty of Law

LL.M. Courses(Master of Laws Program in Business Law (English Program))1) Compulsory Courses
1-1) Advanced Contracts and Torts Law

3 credits

1-2) Corporate Law

3 credits

1-3) International Business Transactions

3 credits

1-4) Law on Business Finance3 credits

1-5) Research Methodology

3 credits

2) Elective Courses
2-1) Selected Legal Problems on Information
Technology and Cyberspace

3 credits2-2) Intellectual Property Law

3 credits2-3) Alternative Dispute Resolution

3 credits2-4) International Transportation Law

3 credits2-5) Insurance Law and Risk Management

3 credits2-6) Taxation

3 credits2-7) Competition Law

3 credits2-8) International Economic Law

3 credits2-9) Bankruptcy and Debt Restructuring Law

3 credits2-10) Labor Law and Social Security

3 credits2-11) Human Rights Law

3 credits2-12) Advanced Environmental Law

3 credits- 221 -

2-13) Consumer Protection Law

3 credits2-14) Advanced Administrative Law

3 credits2-15) Advanced Criminal Law

3 credits2-16) Philosophy of Law

3 credits2-17) Business Law Seminar

3 credits2-18) Comparative Law of Civil Procedure andEvidence

3 credits2-19) Independent Study

6 credits2-20) Thesis

15 credits

3) Choose one of these two courses (Plan A or Plan B)
3-1) Plan A: Thesis

15 credits3-2) Plan B: Independent Study

6 credits

Notes:The requirements for Plan A and Plan B are as follows.
Plan A:
Compulsory Courses
15 credits
Elective Courses
9 credits
Thesis		
15 credits
Plan B:
Compulsory Courses
15 credits
Elective Courses
18 credits
Independent Study
6 credits

LL.B. Courses(Bachelor of Laws Program in Business Law (International Program))1) Compulsory Courses
1-1) Introduction to Law and Legal Systems

3 credits

1-2) Juristic Acts and Contracts

3 credits

1-3) Skills in Legal Language: Research
Writing and Presentation

3 credits

1-4) Obligations: General Principles

3 credits- 222 -

COURSE CATALOGS: THAMMASAT UNIVERSITY

1-5) Wrongful Acts, Management of Affairs
Without Mandate and Undue Enrichment

3 credits

1-6) Property Law

3 credits

1-7) Principles of Criminal Law

3 credits

1-8) Introduction to Public Law

3 credits

1-9) Constitutional Law

3 credits

1-10) Legal Methodology

3 credits

1-11) General Principles of Procedural Law

3 credits

1-12) Public International Law

4 credits

1-13) Philosophy of Law

2 credits

1-14) Legal Profession

2 credits

2) Elective Courses
2-1) Drafting Contracts and Legal Documents

3 credits2-2) Secured Transactions

3 credits2-3) Specific Contracts

4 credits2-4) Introduction to Public Economic Law

3 credits2-5) Law on Business Organizations

3 credits2-6) Consumer Protection Law

3 credits2-7) Law on Negotiable Instruments

3 credits2-8) Insurance Law and Practice

3 credits2-9) Law on Securities and Exchange

3 credits2-10) Competition Law

3 credits2-11) Intellectual Property Law

3 credits2-12) Income Tax Law

3 credits2-13) Business Law Seminar

3 credits- 223 -

2-14) Accounting Principles and Financial
Statements for Lawyers

3 credits2-15) Customs Law and Global Trade

3 credits2-16) Consumption Tax Law

3 credits2-17) Property Tax Law

3 credits2-18) Banking and Finance Law

3 credits2-19) Labor Law

3 credits2-20) Natural Resource and Environmental
Law for Business3 credits2-21) Law on Information Technology

3 credits2-22) Law on Mass Communication andTelecommunication Business3 credits2-23) Insolvency Law

3 credits2-24) Private International Law

3 credits2-25) International Environmental Law

3 credits2-26) European Union Law

3 credits2-27) Law on Real Estate Development

3 credits2-28) Law on International BusinessTransactions

3 credits2-29) Alternative Dispute Resolutions for
Business

3 credits2-30) Copyright Law

3 credits2-31) Patent Law

3 credits2-32) Trademark Law

3 credits2-33) International and Comparative
Intellectual Property Law

3 credits2-34) Maritime Law

3 credits- 224 -

COURSE CATALOGS: THAMMASAT UNIVERSITY

2-35) Comparative Business Law

3 credits2-36) Introduction to International Tax Law

3 credits2-37) Taxation Theories and Tax Policies

3 credits2-38) Principles of Tax Accounting

3 credits2-39) Tax Disputes Settlement

3 credits2-40) Administration of Taxation and Tax
Planning

3 credits2-41) Legal Internship3 credits2-42) International Trade Law

3 credits2-43) International Investment Law

3 credits2-44) International Monetary and Financial
Law

3 credits2-45) ASEAN Law

3 credits2-46) Comparative Economic Community Law

3 credits2-47) Basic Legal Writing Skills

3 credits2-48) Private Law Seminar

3 credits2-49) Introduction to the American Legal
System3 credits2-50) Introduction to the Chinese Legal law

3 credits2-51) Introduction to the English Legal System

3 credits2-52) Introduction to the French Legal System

3 credits2-53) Introduction to the German legal System

3 credits2-54) Introduction to the Japanese Legal
System3 credits2-55) Judicial Systems and Procedure

3 credits2-56) Family Law

3 credits- 225 -

2-57) Law of Succession

3 credits2-58) Economic Analysis of Law

3 credits2-59) Evolution of the Legal Systems

3 credits2-60) Medical Law

3 credits2-61) Law of Evidence

3 credits2-62) Human Rights and Citizen Rights

3 credits2-63) Law of the Sea

3 credits2-64) Comparative Private Law

3 credits2-65) Current Legal Issues

3 credits2-66) International Law for Development

3 credits2-67) Moot Court

3 credits- 226 -

COURSE CATALOGS: UNIVERSITY OF YANGONUNIVERSITY OF YANGON, MYANMAR
Department of Law

LL.M. Course(Master of Laws): 64 credits

1) Civil Law1-1) Criminal Law

4 credits

1st Semester

1-2) Law of Business Organizations

4 credits

1st Semester

1-3) Myanmar Customary Law I

4 credits

1st Semester

1-4) Constitutional Law I

4 credits

1st Semester

1-5) Criminal Procedure

4 credits

2nd Semester

1-6) Civil Litigation

4 credits

2nd Semester

1-7) Family Laws

4 credits

2nd Semester

1-8) Constitutional Law II

4 credits

2nd Semester

1-9) Special Criminal Laws

4 credits

3rd Semester

1-10) Law of Evidence

4 credits

3rd Semester

1-11) Labour Law

4 credits

3rd Semester

1-12) Land Law

4 credits

3rd Semester(a) Research and Seminar

8 credits

4th Semester(b) Thesis and Viva Voice

8 credits

4th Semester

2-1) Public International Law I

4 credits

1st Semester2-2) International Economic Law

4 credits

1st Semester2-3) International Law of Armed Conflict

4 credits

1st Semester

1-13) Master Thesis (16 credits)

2) International Law- 227 -

2-4) Law of Treaties

4 credits

1st Semester2-5) Public International Law II

4 credits

2nd Semester2-6) Law of International Trade

4 credits

2nd Semester2-7) International Humanitarian Law

4 credits

2nd Semester2-8) International Environmental Law

4 credits

2nd Semester2-9) Law of International Institutions

4 credits

3rd Semester2-10) International Air and Space Law

4 credits

3rd Semester2-11) Law of the Sea

4 credits

3rd Semester2-12) Intellectual Property Law

4 credits

3rd Semester(a) Research and Seminar

8 credits

4th Semester(b) Thesis and Viva Voice

8 credits

4th Semester

3-1) Marine Insurance I

4 credits

1st Semester

3-2) Carriage of Goods by Sea I

4 credits

1st Semester3-3) Maritime Law I

4 credits

1st Semester3-4) Law of the Sea I

4 credits

1st Semester3-5) Marine Insurance II

4 credits

2nd Semester

3-6) Carriage of Goods by Sea II

4 credits

2nd Semester3-7) Maritime Law II

4 credits

2nd Semester3-8) Law of the Sea II

4 credits

2nd Semester3-9) Marine Insurance III

4 credits

3rd Semester3-10) Carriage of Goods by Sea III

4 credits

3rd Semester3-11) Maritime Law III

4 credits

3rd Semester3-12) Law of the Sea III

4 credits

3rd Semester2-13) Master Thesis (16 credits)

3) Maritime Law- 228 -

COURSE CATALOGS: UNIVERSITY OF YANGON

3-13) Master Thesis (16 credits)(a) Research and Seminar

8 credits

4th Semester(b) Thesis and Viva Voice

8 credits

4th Semester

4-1) Law of Business Organizations

4 credits

1st Semester

4-2) International Economic Law

4 credits

1st Semester4-3) Investment Laws and Law of Arbitration

4 credits

1st Semester4-4) Law of Taxation

4 credits

1st Semester4-5) Transport Laws

4 credits

2nd Semester

4-6) Private International Law

4 credits

2nd Semester4-7) Law of Employment

4 credits

2nd Semester4-8) Banking and Finance Law

4 credits

2nd Semester4-9) General Insurance

4 credits

3rd Semester4-10) Law of International Trade

4 credits

3rd Semester

4-11) Environmental Law

4 credits

3rd Semester4-12) Intellectual Property Law

4 credits

3rd Semester(a) Research and Seminar

8 credits

4th Semester(b) Thesis and Viva Voice

8 credits

4th Semester4) Commercial Law4-13) Master Thesis (16 credits)- 229 -

LL.B. Course(Bachelor of Laws): 204 credits

1) First Year (40 credits)(a) Foundation Courses (12 credits)
1-1) Myanmar

3 credits

1st Semester

1-2) Myanmar

3 credits

2nd Semester

1-3) English

3 credits

1st Semester

1-4) English

3 credits

2nd Semester

1-5) Introduction to The Study of Law I

4 credits

1st Semester

1-6) History of State and Law

4 credits

1st Semester

1-7) Aspects of Myanmar

3 credits

1st Semester

1-8) Introduction to The Study of Law II

4 credits

2nd Semester

1-9) Jurisprudence

4 credits

2nd Semester

1-10) Aspects of Myanmar

3 credits

2nd Semester(b) Core Courses (22 credits)(c) Elective Courses (6 credits)(Other Specializations) (one subject to be taken for one semester)1-11) Logic in Practice I

3 credits

1st Semester

1-12) Introduction to Myanmar Civilizations I

3 credits

1st Semester

1-13) Introduction to International Relations I

3 credits

1st Semester

1-14) Public Relations

3 credits

1st Semester

1-15) Principles of Microeconomics

3 credits

1st Semester

1-16) Geography of Southeast Asian Countries

3 credits

1st Semester

1-17) Buddhist Culture

3 credits

1st Semester1-18) Logic in Practice II

3 credits

2nd Semester- 230 -

COURSE CATALOGS: UNIVERSITY OF YANGON

1-19) Introduction to Myanmar Civilizations II

3 credits

2nd Semester1-20) Introduction to International Relations II

3 credits

2nd Semester1-21) Understanding Human Interaction

3 credits

2nd Semester1-22) Principles of Macroeconomics

3 credits

2nd Semester1-23) Geography of Myanmar

3 credits

2nd Semester1-24) Pali Literature

3 credits

2nd Semester

2-1) English

3 credits

1st Semester2-2) English

3 credits

2nd Semester2-3) Myanmar Customary Law I

4 credits

1st Semester2-4) Law of Contract

4 credits

1st Semester2-5) Labour Law

4 credits

1st Semester2-6) Myanmar Customary Law II

4 credits

2nd Semester2-7) Law of Tort

4 credits

2nd Semester2-8) Land Law

4 credits

2nd Semester

2) Second Year (42 credits)(a) Foundation Course (6 credits)(b) Core Courses (24 credits)(c) Elective Courses (12 credits)

Law Specialization (one law subject to be taken for one semester)2-9) Law Relating to Sale of Goods

3 credits

1st Semester2-10) Principles of Legal Profession

3 credits

1st Semester2-11) Negotiable Instruments Act

3 credits

2nd Semester2-12) Law of Banking

3 credits

2nd Semester

Other Specializations (one subject to be taken for one semester)- 231 -

2-13) Developing Communicative Skills I

3 credits

1st Semester2-14) Philosophy of Law I

3 credits

1st Semester2-15) Elements of Political Institutions I

3 credits

1st Semester2-16) Macroeconomics

3 credits

1st Semester2-17) Developing Communicative Skills II

3 credits

2nd Semester2-18) Philosophy of Law II

3 credits

2nd Semester2-19) Elements of Political Institutions II

3 credits

2nd Semester2-20) International Trade

3 credits

2nd Semester

3-1) English

3 credits

1st Semester

3-2) English

3 credits

2nd Semester3-3) Criminal Law

4 credits

1st Semester3-4) Public International Law

4 credits

1st Semester3-5) Business Law I

4 credits

1st Semester

3-6) Criminal Procedure Code4 credits

2nd Semester3-7) Human Rights Law

4 credits

2nd Semester3-8) Business Law II

4 credits

2nd Semester3-9) Conflict of Laws

3 credits

1st Semester3-10) Special Criminal Laws

3 credits

1st Semester3-11) Law of Insurance

3 credits

2nd Semester3) Third Year (42 credits)(a) Foundation Course: 6 credits(b) Core Courses: 24 credits(c) Elective Courses (12 credits)

Law Specialization (one subject to be taken)- 232 -

COURSE CATALOGS: UNIVERSITY OF YANGON

3 credits

2nd Semester3-13) Crime and Psychology I (Psychology
Specialization)

3 credits

1st Semester3-14) Developing Communicative Skills I(English Specialization)

3 credits

1st Semester3-15) Introduction to Economics ofDevelopment (Eco Specialization)

3 credits

1st Semester3-16) Current Issues in International Relations
I (International Relations Specialization)

3 credits

1st Semester3-17) Crime and Psychology II (Psychology
Specialization)

3 credits

2nd Semester3-18) International Finance (EcoSpecialization)

3 credits

2nd Semester3-19) Developing Communicative Skills II(English Specialization)

3 credits

2nd Semester3-20) Current Issues in International Relations
II (International Relations Specialization)

3 credits

2nd Semester

4-1) Constitutional Law

4 credits

1st Semester

4-2) Civil Procedure Code I

4 credits

1st Semester4-3) Revenue Law I

4 credits

1st Semester4-4) Law of International Institutions I

4 credits

1st Semester4-5) Administrative Law

4 credits

2nd Semester

4-6) Civil Procedure Code II

4 credits

2nd Semester4-7) Revenue Law II

4 credits

2nd Semester3-12) Law of Treaties

Other Specialization (one subject to be taken)

4) Fourth Year (44 credits)(a) Core Courses (32 credits)- 233 -

4 credits

2nd Semester4-9) Environmental Law

3 credits

1st Semester4-10) International Economic Law

3 credits

1st Semester

4-11) Child Law of Myanmar

3 credits

1st Semester4-12) Law of the Sea

3 credits

2nd Semester4-13) Transport Laws

3 credits

2nd Semester4-14) Intellectual Property Law

3 credits

2nd Semester

5-1) Law of Evidence I

4 credits

1st Semester

5-2) Shipping Law I

4 credits

1st Semester5-3) Military Law

4 credits

1st Semester5-4) Law of Evidence II

4 credits

2nd Semester5-5) Shipping Law II

4 credits

2nd Semester

5-6) Civil Litigation

4 credits

2nd Semester

5-7) Comparative Law

3 credits

1st Semester

5-8) Criminology

3 credits

1st Semester

5-9) International Humanitarian Law

3 credits

1st Semester5-10) Constitutions of ASEAN Countries

3 credits

2nd Semester

5-11) Law of Commercial Arbitration

3 credits

2nd Semester

5-12) International Air and Space Law

3 credits

2nd Semester4-8) Law of International Institutions II(b) Elective Course (12 credits)

5) Fifth Year (36 credits)(a) Core Courses (24 credits)(b) Elective Courses (12 credits)- 234 -

COURSE CATALOGS: KEIO UNIVERSITY LAW SCHOOLKEIO UNIVERSITY LAW SCHOOL, JAPANLL.M. Course
1) Japanese Law and Asian Law in Global Practical Perspective1-1) Law, Culture and Development in Asia

2 credits

Spring1-2) Introduction to Asian Law

2 creditsFall1-3) Japanese Law State and Citizen

2 credits

Spring1-4) Japanese Law (Administrative Law andRegulatory Policy)

2 credits

Spring1-5) Japanese Law (Trade Law and Policy)

1 creditFall1-6) Japanese Law (Economy and Social
Structure)

2 creditsFall1-7) Japanese Law (Legal History andTransformation)

1 creditFall1-8) Japanese Law (Labor and Employment)

1 creditFall1-9) Japanese Law (Contemporary Issues)

2 creditsFall1-10) Japanese Law in Cross-border Matters

1 credit

Spring2-1) International Commercial Transactions

2 creditsFall2-2) Government Relations and Law

2 credits

Spring2-3) Cross-border Litigation

2 credits

Spring2-4) Finance Transactions and Securities
Regulations in Japan

2 creditsFall2-5) Bankruptcy Laws

2 credits

Fall2) Global Business and Law- 235 -

2-6) Law, Finance and Taxation of Corporate
Acquisitions

2 credits

Spring2-7) European Integration and Global BusinessLaw

2 creditsFall2-8) Corporate Governance and Risk
Management

2 credits

Spring2-9) International Commercial Arbitration I

2 credits

Spring2-10) International Commercial Arbitration II

2 creditsFall2-11) International Investment Arbitration

2 credits

Spring2-12) Japanese Competition Law

2 creditsFall2-13) Business Strategy and Contract

1 credit

Spring2-14) Law of the Internet

2 credits

Spring2-15) Start-up Company and Venture CapitalLaw

2 credits

Fall2-16) Case Study in International Dispute
Resolution

1 credit

Spring3-1) International Law

2 creditsFall3-2) Law of International Organizations

1 creditFall3-3) Introduction to Global Law

1 credit

Spring3-4) Globalization and International Human
Rights in Asia

1 credit

Fall3-5) Globalization and International CriminalLaw

1 credit

Fall3-6) International Security Law

1 credit

Fall3-7) Environmental Law and Disaster2 credits

Spring3-8) Introduction to Space Law

2 credits

Spring3-9) Multinational Corporations and Law

2 credits

Fall3) Global Security and Law- 236 -

COURSE CATALOGS: KEIO UNIVERSITY LAW SCHOOL

4) Innovations and Intellectual Property Law4-1) Intellectual Property from a Global
Perspective

2 credits

Spring4-2) Global Intellectual Property Management

2 credits

Spring4-3) Transnational Intellectual Property
Enforcement

2 credits

Spring4-4) International IP Licensing Agreements

2 creditsFall5-1) Area Studies of Law (South East Asia)

1 creditFall5-2) Area Studies of Law (EU)

1 credit

Spring6-1) Introduction to American Law

2 creditsFall6-2) Comparative Constitutional Law

2 credits

Spring6-3) Comparative Contract Law

2 creditsFall6-4) Comparative Corporate Law

2 creditsFall6-5) Comparative Corporate Finance and Law

2 creditsFall6-6) English Contract Law

2 creditsFall7-1) Art Business and Law

1 credit

Spring7-2) Sports Law and Dispute Resolution

1 credit

Fall7-3) Gaming Law

1 credit

Spring7-4) Seminar (Legal Issues in China, India and
ASEAN)

1 credit

Spring7-5) Seminar (Comparative Patent Case Law
and Litigation)

1 credit

Spring7-6) Seminar (Case Study in International
Competition Law)

1 credit

Spring5) Area Studies6) Comparative Law

7) Current Legal Issues- 237 -

7-7) Seminar (International Dispute Resolutionin Asia)

1 credit

Spring7-8) Seminar (Global Tax Perspectives)

1 credit

Spring8-1) Graduate Writing Seminar

2 credits

Spring8-2) 8-3) Research Paper I，Research Paper II

2 credits

Spring / Fall

9-1) Negotiation

2 credits

Spring9-2) Arbitration

2 creditsFall9-3) Drafting International Agreements

2 creditsFall9-4) Drafting and Negotiation of M&A and JVTransactions

2 creditsFall9-5) Moot Court I

2 credits

Spring / Fall

9-7) Moot Court II

2 credits

Spring / Fall

9-8) Internship2 credits

Spring / Fall

8) Legal Research and Writing

9) Practical Training- 238 -

INDEX

INDEX

A

cultureabsolute right89

curriculum

177

academic calendar

91, 114, 137

accommodations

17, 20, 128

74

D

admission

54

degree programs

9

ASEAN

34, 161

distance learning

117

ASEAN Credit Transfer System (ACTS)

double degree program

10, 115

138, 142
ASEAN Economic Community (AEC)

E

8,

35

EU - SHAREASEAN Law Association

37

ASEAN University Network (AUN)

19,

62, 65, 96, 138

63

exchange of students

44

exchange of teachers

43

externship

57

ASEAN University Network-Southeast Asia
Engineering Education Development

F

Network (AUN-SEED/Net)

faculty exchange programs

Asian Law Institute (ASLI)
Asian laws

6

assessment

73

96

35

financial expenses
French legal concepts

45

G

B

global governancebar examination

9

globalization of legal education73, 105

good governanceCcase law32

127

163, 168

civil law system123

clinical legal education
collaborationcomparative law

good practice53

grade point

15, 18

grading system

75

98

H

50, 69common law system

21

9

123

higher education institutions (HEIs)

4, 7, 41, 156

comparative legal analysis
comparative legal education

human legal resources124

Human Resource Development Program

185

credit points

15, 18, 140

credit transfer

15, 72, 77, 91, 141, 152

83

185

(HRD)

- 239 -

95

I

P

inbound exchange

108

pedagogical methods

in-depth knowledge of foreign law
intensive teaching4

pioneerism

150

practical training

international collaboration27, 86

international exchange program

49, 72,170

48

precedent

174

pro bono

99

117

87, 97, 137
international trade law
internationalisationinternationalism
internship

R

161
25

recurrent education48

research paper

110

45

57

inter-university courses

S

147

scholarshipJ

99

semester system

JASSO

70

seminar style

132

122

joint program

140

short-term program

Juris Doctor

104

Socratic method
spirit of law

L

139
122

5

student exchange programs

language barrier

16, 19, 124

law and development
lecture5

legal clinic

49

legal culture36

legal education

Summer Seminar

13, 161

teaching methodology

5

legal syllogism

22T3, 18, 93, 110

legal practicelegal theory3

sustainable development

122

30, 88study law abroad

teaching methods
172

tuition fees

121

122

17, 131

4

U

M

United Nations Development Programme(UNDP)

Massive Open Online Courses (MOOCs)

98

37
MOA

51, 62, 93

MOU

49, 62, 93

VVietnamese legal concepts

multidisciplinarism

48

non-degree programs

11

visa

W

O
obstacles

54

WTO
71, 72, 137

outbound exchange111- 240 -

162

45

ABOUT KEIGLAD

KEIGLAD - Keio Institute for Global Law and Development
Keio Institute for Global Law and Development (KEIGLAD) was established
for the purpose of assisting the promotion of international exchange and international
cooperation among researchers, students, and staffs for legal study and legal education.
KEIGLAD will promote the concerned projects as follow:･ Promotion of the Program for Asian Global Legal Professions (PAGLEP)･ Collection of information on the concerned comparative law･ Collection of information on the method of legal education･ Provision of materials for legal education･ Provision of information and support for foreign students who will study at Keio
Law School and Keio Law School students who will study abroad･ Promotion of the concerned symposiums and research meetings･ Publication of working papers･ Other matters concerned with objectives of KEIGLAD
Through these activities, KEIGLAD aims to contribute to the promotion of “LawUbiquitous Society”, in which Anyone can access to justice Anywhere and Anytime.

- 241 -

ABOUT THE AUTHORS

Naoya Katayama
Former Dean, Professor, Keio University Law School, Japan

Isao Kitai
Dean, Professor, Keio University Law School, Japan

Hiroshi Matsuo
Director, KEIGLAD; Professor, Keio University Law School, Japan

Vu Thi Lan Anh
Vice Rector, Associate Professor, Hanoi Law University, Vietnam

Nguyen Van Quang
Associate Professor, Hanoi Law University, Vietnam

Nguyen Ngoc DienVice-Rector, Professor, the Vietnam National University of Economics and Law in
Ho Chi Minh City, Vietnam

Le Van Hinh
Deputy Head of UEL’s International Relations Office, the Vietnam National
University of Economics and Law in Ho Chi Minh City, Vietnam

Kong Phallack
Dean, Professor, Faculty of Law and Public Affairs, Paññāsāstra University of
Cambodia

Phin Sovath
Assistant Dean, Professor, Faculty of Law and Public Affairs, Paññāsāstra Universityof Cambodia

Viengvilay Thiengchanhxay
Dean, Associate Professor, Faculty of Law and Political Science, National Universityof Laos- 242 -

Sonenaly Nanthavong
Head of International Cooperation Unit, Faculty of Law and Political Science,
National University of Laos

Junavit Chalidabhongse
Assistant Dean, Deputy Director of International Programs, Faculty of Law, Thammasat
University, Thailand

Viravat Chantachote
Assistant Professor, Chairman of the Curriculum Development and Quality Assurancein Education, Faculty of Law, Thammasat University, Thailand

Khin Chit Chit
Professor, Department of Law, University of Yangon, Myanmar

Khin Phone Myint Kyu
Professor, Department of Law, University of Yangon, Myanmar

David G. LittProfessor, Keio University Law School, Japan

Susumu Masuda
Professor, Keio University Law School, Japan

Hitomi Fukasawa
Researcher, KEIGLAD, Japan

Mao Kimpav
Manager of Administration and Law Programs, Faculty of Law and Public Affairs,
Paññāsāstra University of Cambodia- 243 -MEXT/JSPS Re-Inventing Japan Project (Type B: ASEAN) FY 2016
文部科学省

平成 28 年度大学の世界展開力事業（ASEAN 地域における大学間交流の推進）タイプ B 採択プログラム

Challenges for Studying Law Abroad in the Asian Region
Programs for Asian Global Legal Professions Series II2018 年 2 月 23 日

初版第 1 刷発行

編 者―KEIGLAD
発行者―KEIGLAD（慶應義塾大学大学院法務研究科グローバル法研究所）
代表者 松尾 弘〒 108-8345 東京都港区三田 2-15-45
TEL 03-5427-1574
発売所―慶應義塾大学出版会株式会社〒 108-8346 東京都港区三田 2-19-30
TEL 03-3451-3584 FAX 03-3451-3122
装 丁―鈴木 衛
組 版―株式会社 STELLA
印刷・製本―株式会社丸井工文社
カバー印刷―株式会社太平印刷社©2018 KEIGLAD
Printed in Japan ISBN978-4-7664-2504-8
落丁・乱丁本はお取替致します。