CONTENTSPREFACE

Legal education systems are undergoing changes as globalization progresses. In thecase of Japan, after a new law school system was established in 2004, major law schools
introduced legal education programs that included international exchange programs andclasses and seminars taught in English. We have achieved results to some extent, but
most of the international legal education in Japan depends on outbound programs, suchas exchange study programs in law schools in the U.S. From the view point of fostering
global legal education, Japanese legal education is lagging behind.
This is why we launched joint legal education programs with our partner
universities in Mekong region countries. The uniqueness of this program is that we sharethe issues confronting our partner universities as a result of their historical, geographicaland cultural backgrounds. We call this the Program for Asian Global Legal Professions(PAGLEP). PAGLEP aims to foster global legal professionals who can take strong
leadership in finding solutions to legal issues occuring in globalizing societies.
We are doing research on how we can improve legal education in Asia. This bookis the first compilation of our research activities and introduces comparative legal
education in the Mekong region countries of Vietnam, Cambodia, Laos, Thailand, andMyanmar, as well as Japan. I hope this volume will become the basis for strengthening
our collaboration and expanding our network into the future.

Naoya Katayama
Dean, Keio University Law School
31 July 2017-i-

CONTENTSCONTENTSPREFACE
Naoya Katayamai

INTRODUCTION
WHY AND HOW SHOULD COMPARATIVE LEGALEDUCATION BE PROMOTED IN AN ASIAN CONTEXT?
Hiroshi Matsuo

3

1. The Significance of Legal Education in Asia
2. Theoretical Perspectives on Comparative Legal Education
3. Practical Approaches to Comparative Legal Education
4. From Static and Macro Comparisons to Dynamic and Micro
Comparisons

COUNTRY REPORTS
Chapter 1:

CURRENT LEGAL EDUCATIONIN HANOI LAW UNIVERSITY:
Its Challenges and Prospects
Phan Thi Lan Huong

17

1. Current status of legal education in Hanoi Law University
2. Challenges
3. The need for comparative legal education in Vietnam

Chapter 2:

LEGAL EDUCATION IN JAPAN AND VIETNAM:
A Comparative Approach
Shohei Sugita- iii -

31

1. Introduction
2. Differing Approaches to Legal Education in Japan and Vietnam
3. The Judicial System in Japan and Legal Education
4. The Judicial System in Vietnam and Legal Education
5. Significance of Varying Approaches to Legal Education
6. Comparative Perspective of Legal Education in Vietnam and Japan

Chapter 3:

LEGAL EDUCATION AT UNIVERSITY IN VIETNAM
Nguyen Ngoc Dien41

1. General characteristics of legal education
2. Access to legal education
3. Training development
4. Post-training phase
Chapter 4:

CAMBODIAN LEGAL SYSTEM AND LEGAL EDUCATION
Kong Phallack55

1. Overview of Cambodian Legal System
2. Sources of Law in Cambodia
3. Overview of Cambodian Judicial System
4. Overview of Cambodian Alternative Dispute Resolution System
5. Cambodian Legal Professions
6. Legal Education

Chapter 5:

LEGAL EDUCATION AT THE FACULTY OF LAW AND
POLITICAL SCIENCE, NATIONAL UNIVERSITY OF LAOS
Viengvilay Thiengchanhxay
1. Current Status of Legal Education in the Faculty of Law and Political
Science, National University of Laos
2. Challenges
3. The Need to Improve Legal Education in Laos
4. Conclusion- iv -

81

CONTENTS

Chapter 6:

THAI LEGAL EDUCATION IN UNIVERSITIESNoppadon Detsomboonrut

95

1. Background of Thai Legal System
2. Thai Educational System in General
3. Thai Legal Educational System
4. Thai Legal Educational System in Universities
Chapter 7:

LEGAL EDUCATION IN MYANMAR
Khin Mar Yee

109

Rikako Watai

131

1. Legal Education in the Past
2. Present Legal Education
3. Legal Education in the Future
Chapter 8:

CURRENT STATUS OF LEGAL EDUCATIONIN UNIVERSITIES: JAPAN1. Current Status of Legal Education in Japan
2. Keio University Law School: LL.M. in Global Legal Practice
3. Conclusion: Legal Education at Keio University Law School

COMMENTANALYTICAL VERSUS SUBSTANTIVE APPROACHESIN AMERICAN AND JAPANESE LAW SCHOOLS
A. Reid Monroe-Sheridan
1. Introduction
2. Comparison of Approaches
3. Law School as Preparation for Legal Practice
4. Explaining the Emphasis on Black Letter Law
5. Possible Solutions

-v-

145

ON-SITE REPORTFROM LAW CLASSROOMS IN ASIAN UNIVERSITIES:
Short Report on The Collaboration Program in Vietnam and Cambodia
Hiroshi Matsuo and Hitomi Fukasawa

157

MATERIAL
DURATION OF THE SEMESTER

INDEX

178

ABOUT KEIGLAD

181

ABOUT THE AUTHORS

182- vi -

176

INTRODUCTION

WHY AND HOW SHOULD
COMPARATIVE LEGAL EDUCATION
BE PROMOTED IN AN ASIAN CONTEXT?
Hiroshi Matsuo*(Keio University)

1. The Significance of Legal Education in Asia
1.1 Why Does Legal Education Matter in an Asian Context?
Legal education is a vital component of a working legal system. Like breathing life into a machine, legal education gives life to formal legal institutions bycharacterizing the functions and features of the national legal system. Diverse
forms of legal education explain why different countries have different legal systems even though they are closely located in the same region and adopt the sameor similar political and economic systems. This means that comparative legal
education is worth promoting because sharing the theories and practices of legal
education in content and method and their outcomes should be mutually beneficial for improving our legal systems.
The drafters of laws and regulations of a state are fostered through the pro* This article is based on the introductory note presented at the first meeting on comparative
legal education in the Mekong countries and Japan held on March 4, 2017, at Keio University
Law School (for details see http://keiglad.keio.ac.jp/en/). I wish to gratefully acknowledge
the kind cooperation of Professor Keigo Komamura, Professor Naoki Kanayama, Professor
David Litt, and Professor Hajime Yamamoto.
-3-

cess of legal education in that state. Legal professionals such as judges, prosecutors, and lawyers who are engaged in the interpretation of law and its application to specific cases are also trained by the same or different legal education
programs. They constitute together a structural element of the country’s legal
system that will produce a variety of substantive element of law in society1. Government officials, the legal division staff of companies, human rights advocatesand social reformers may also be conservatively or progressively influenced bywhat they were taught in classrooms dealing with subjects of law. It is indicatedthat lawyers who are trained in a dysfunctional legal education system are seldom a progressive force for legal reform, while changing legal education from acontrolled and formalized system to a more autonomous and pluralistic program
tends to lead to social reforms led by the legal professions2. This indicates thatthe content of law curriculum and adoption of pedagogical method in legal education programs are crucial for politically and economically changing Asiansocieties where legal reform holds the key to sustainable development.
In addition, the legal professions are the intermediaries between the judicial
system and the ordinary citizen. Their role is critical in developing Asian societies where the justice system is on the way of restructuring. In this context, legal
education appropriate to the situation is indispensable to strengthen the legal
capacity of civil society and to foster a culture of lawfulness in society which isconsidered the spiritual basis for promoting the rule of law3.

1

The substantive element is the output side of the structural element, which is influenced by

the cultural element (Lawrence M. Friedman, “Legal Culture and Social Development,” Law
and Society Review, vol. 4, 1969-1970, p. 34). If I use this analytical framework of a legal
system, legal education is an empowering component of the structural element and is profoundly influenced by the cultural element. However, it does not neglect that the substantive
element such as laws and regulations are used in legal education and are also influenced by
the cultural element.
2

Michel J. Trebilcock and Ronald J. Daniels, Rule of Law Reform and Development: Chart-

ing the Fragile Path of Progress, Edward Elgar, 2008, p. 306.
3

Roy Godson, A Guide to Developing a Culture of Lawfulness, 2000; National Strategy In-formation Center, Building a Culture of Lawfulness: A Guide to Getting Started, 2011.
-4-

WHY AND HOW SHOULD COMPARATIVE LEGAL EDUCATION BE PROMOTED IN AN ASIAN CONTEXT?

The role of lawyers and other legal professionals is also becoming importantin globalizing Asian markets. As a result of the rapid increase of domestic aswell as foreign investments, not only has the number of conflicts been increasing but the problems that need to be addressed are becoming more complicated,
involving environmental, public security, and other global issues that have become more and more evident in Asian societies. In these circumstances, legal
education needs to be revamped so as to treat these issues from a long-term andglobalized perspective.

1.2 Emerging Networks of Legal Education in Asia
The sharing of information about legal education has facilitated international
networks of legal education in various parts of the world to everyone’s benefit.
For instance, interregional cooperation among law schools and the alignment ofcurriculums in Latin American law schools under the MERCOSUR Regulation,
led to the emergence of a common market in legal education.4 The European
Community Action Scheme for the Mobility of University Students (ERASMUS) has provided programs to enhance cooperation between law schools anddeveloped transnational legal curriculums that allow for the mutual exchange ofstudents and teachers among law schools in the European Union and in countries
associated with the EU.5
In the Asian region, the ASEAN Law Association was established in 1979.
It has supported collaborative work among judges, law teachers, law practitioners and government lawyers to understand and harmonize laws in this region.
In 1988 it organized the Workshop on ASEAN Cooperation in Legal Educationand sought to identify existing obstacles to closer cooperation in legal education
among ASEAN countries, such as the differences in education systems, curricula, university calendars, time schedules, languages, required standards foradmission, etc., as well as travel expenses, and inadequate information exchange

4

Trebilcock and Daniels, op. cit. (n. 2), p. 293.

5

Trebilcock and Daniels, op. cit. (n. 2), p. 295.
-5-and communication among law schools in the region.6
There is, as well, the potential for other collaborations in comparative legal
education bridging East Asian countries with ASEAN countries that are not only
compatible with the existing networks but also necessary, because they will provide a new perspective on the dynamic changes in legal education, for instance,
the change that takes place in the development process from emphasis on memorizing blackletter laws to interpreting law. This will create, I believe, a new
dimension of comparative legal education.

1.3 Legal‌
Education As a Component of Legal Cooperation among
Asian Countries
Reform of legal education has been a key aspect of legal assistance activities
in Latin America and Africa since the Law and Development Movement emergedin 1950s7. The Law and Development Movement declined in the 1970s, but legal
education became the focus of legal assistance activities again when the Law andDevelopment Movement was revived in the 1990s, triggered by market reforms
in Central and Eastern Europe8. For instance, the American Bar Association has
been providing legal assistance in law school reform, and the World Bank has
been investing in legal education in order to change the attitudes and behaviorsof lawyers and citizens. The legal assistance in the field of legal education has
mainly focused on curriculum development, support for textbook writing, establishment of legal clinics, provision of scholarships for students to receive law
degrees, etc. Also in the Asian region, the strengthening of legal education isrecognized as the second step in legal cooperation following legislative reform.
The main focus, however, has been on training programs for legal professionals,
such as judges, prosecutors and lawyers, rather than on legal education in uni6

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

opment Agency, Jakarta, Indonesia, 1989, p. 18.
7

Trebilcock and Daniels, op. cit. (n. 2), pp. 279-281; John John H. Merryman, “Comparative

Law and Social Change,” American Journal of Comparative Law, Vol. 25, 1977, pp. 457-458.
8

Trebilcock and Daniels, op. cit. (n. 2), pp. 279-281.
-6-

WHY AND HOW SHOULD COMPARATIVE LEGAL EDUCATION BE PROMOTED IN AN ASIAN CONTEXT?

versities9. It has become evident that effective outcomes in the training for legal
professions cannot be achieved without basic legal education at the university
level. The challenge for us is to find how to improve legal education with morestreamlined programs that can be effectively linked to professional training.

2. Theoretical Perspectives on Comparative Legal Education
2.1 ‌Legal Education As a Component of the Legal System in Governance Structure
Legal education determines the basic nature of a national legal system byproducing legal professionals who will constitute a structural component of thelegal system10. Thus, the features of a country’s legal system are profoundly influenced by the patterns of legal education.
At the same time, legal education is also influenced by the governance structure of the state which closely relates to government control of legal educationand the positioning of law schools and university law faculties in the politicalstructure. The political intervention of legal education can lead to corruption inlaw school admissions and student grading, and the implanting of conservative
dogma can lead to the churning out of conformists.
In its tense relations with political structure, legal education is required tokeep a balance between legitimacy on the one hand and independence and accountability on the other11. In the governance structure of a state, law cannot be
separated from politics, especially in the implementation process of development
policy, but we are now experiencing in many parts of the world too much politicization of law which is weakening the forces of law, which in turn affects eco9

Public Policy Department, Japan International Cooperation Agency (JICA), Capacity De-

velopment for Legal and Judicial Sectors in Developing Countries: JICA’s Cooperation for“Rule of Law” Promotion, JICA, 2009.
10

See note 1 above.

11

Trebilcock and Daniels, pp. 305-306.
-7-

nomic and social development. In these circumstances, the forces of law need to
be backed by the force of reason, and to do this there must be a strengthening of
the theory of law, including legal philosophy, legal history, law and society, andlaw and development, that are taught in legal education at universities.

2.2 The Cultural and Social Context of Legal Education
At the same time, the curriculum of legal education should also reflect culture, the history of political and economic development, and the specific social
needs and problems of the country. For instance, in the Asian region where market transactions cover the whole region and rapid economic growth has cometo be associated with a number of social issues, such fields as economic law,
intellectual property law, environmental law, taxation law, law of international
trade and investment are drawing equal attention with law and culture and basic
private laws. In this context, the traditional treatment of customary laws andconventional rules need to be aligned with the impact of globalization. The contextual circumstances of curricula cannot be directly exported from one country
to another. This leads to the practical agenda of comparative legal education.

2.3 ‌Interpretation of Law and Finding of Fact As a Basis for theRule of Law
Legal education is a long process of mastering the knowledge and skills
needed to solve various conflicts in a legal way, that is, by applying legal rules
to individual cases. It consists of two major components: one is to identify theappropriate legal rules from existing sources of law. In this context, the interpretation of law is inevitable, because it is impossible to provide law for every
possible case in advance12; the other is to find and recognize the facts to which
the legal rules apply. These two components are closely related, because without
12

However, it should be noted that, according to the legal theory of socialism, the power tointerpret the law is exclusively held by the National Congress, not by the Court, which is notseparated from legislature. If we talk about the interpretation of law, we cannot overlook how
the “interpretation” of law is viewed by the governance structure of each country.
-8-

WHY AND HOW SHOULD COMPARATIVE LEGAL EDUCATION BE PROMOTED IN AN ASIAN CONTEXT?

accurate finding of fact, the applicable legal rules cannot be identified, and without any typical legal rules applicable to typical cases, no meaningful facts can berecognized. They are, I believe, the fundamental basis for the rule of law which
is of core importance in any legal system.
The essential problem is how to position interpretation of law and fact finding within a curriculum and how to relate them effectively in the long processof legal education. Roughly speaking, the interpretation of law is taught inuniversity law faculty undergraduate courses, while fact finding is taught inprofessional institutions, though this may differ depending on the circumstancesin each country. It is worthwhile to compare legal education curricula from theviewpoint of combining these two parts in Asian countries where the rule of law
is promoted to strengthen sustainable economic and social development.

2.4 Developing a Theory of Law-Making
The objective of legal education is not limited to interpretation of law andfact finding, that is, the application of law, but extends to the study of law-making. Good law-making based on deliberated discussion in a democratic congress
is becoming an important objective of legal education13. This relates to the integrity of law made by legislature and the relationship between legislature and judiciary as they work to improve the integrity of legal rules in the state14. However,
the role of the court in relation to the legislature and the boundary between theapplication of law and law-making is not always the same in every country due
to the differences of their governance structures. The topics of interpretationof law and law-making in the context of legal education need to take into
consideration the governance system of the country where that legal education is

13

See, for example, Jeremy Waldron, The Dignity of Legislation, Cambridge University

Press, 1999; Andrei Marmor, Law in the Age of Pluralism, Oxford University Press, Oxford
University Press, 2007.
14

Joseph Raz, “The Politics of the Rule of Law,” in: Ethics in the Public Domain, Revised

Edition, Clarendon Press, Oxford, 1994, p. 377; Ronald Dworking, Law’s Empire, Harvard
University Press, 1986, pp. 225-227; Marmor, op. cit. (n. 13), pp. 39-56.
-9-taking place.

3. Practical Approaches to Comparative Legal Education
3.1 Basic Problems in Preparing Curricula for Legal Education
From the practical viewpoint, legal education curricula can be divided into
an academic stage and a vocational stage: generally speaking, the first stage isprepared by universities, mainly in the faculty of law, while the second stage isconducted by professional organizations such as courts, prosecutors offices, lawyers offices, bar associations, and integrated judicial training centers managed
by the Supreme Court and Ministry of Justice. The problem is how to streamline
efficiently basic and theoretical learning with applied and professional skills because it is ideal to combine general liberal arts knowledge and interdisciplinary
academic subjects with the refined professional skills and techniques. This isactually quite difficult, however. It takes much time and is costly to nurture qualified legal professionals of a number necessary for society. Law schools seek tobridge the first and second stages, but their terms of study are too short for that
purpose and their tuition fees are high15.
The curricula of legal education, particularly in law schools, tend to be arranged so as to get as many students as possible to pass the state examination orbar examination. However, the role of the law school is to combine the learningof legal rules with legal skills, and to develop a humane and broad perspective
based on a deeper understanding of law as a part of a comprehensive social
structure. We need to share this dilemma and deliberate on possible solutions.

3.2 Pedagogical Approaches
Pedagogical methodology is another important factor in comparative legal

15

From the key aspect of availability and inclusiveness, the cost of legal education is prohibi-

tive in many countries. See Trebilcock and Daniels, op. cit. (n. 2), p 285.
- 10 -

WHY AND HOW SHOULD COMPARATIVE LEGAL EDUCATION BE PROMOTED IN AN ASIAN CONTEXT?

education. It includes effective interaction between teachers and students inapplying the case method; the use of moot court exercises and mock trials; theuse of legal clinics; and cooperation with NGOs providing legal aid, etc.16 These
innovations will strengthen skills for analyzing a case, investigating facts, interviewing clients and persons of interest, negotiating, writing legal documents, andadvocating at trials. For these purposes, comparative study is quite useful.
In this context, it is sometimes critically observed that the traditional methodof teaching by lecture is archaic and obsolete compared with more participativeand innovative teaching techniques. Especially, classroom education in a formalist curriculum is often characterized by an emphasis on rote learning of existing
black-letter laws and regulations, and the regurgitating of memorized information on secondary doctrinal sources for examinations. It is indicated that thishinders the movement towards creating an interactive classroom environment
where critical dialogue between students and teachers is encouraged, and affects
the fostering of healthy skepticism, intellectual curiosity, and creativeness thatare essential qualities for lawyers.17
The more interactive classroom environment needs to be shared in Asianuniversities. Still, we know well that the rote learning of black-letter laws is, ina sense, an indispensable part of legal education over the long-term and in the
dynamic process of implanting the rule of law in society, which will in turn provide the foundation for further steps to be made in tandem with changes in theeconomic, political and social conditions of each state. What we want to know is
what changes in society are related with what pedagogical aspects of legal education, and from this point of view, comparative legal education is a productive
approach to further develop our legal systems.

16

Trebilcock and Daniels, op. cit. (n. 2), pp. 284-285.

17Cheng Han Tan, et al., “Legal Education in Asia”, Asian Journal of Comparative Law, Vol.

1, No. 1, p. 17.
- 11 -

4. From Static and Macro Comparisons to
Dynamic and Micro Comparisons
4.1 From Static to Dynamic Comparisons
As stated above, it is fruitful to observe and compare curricula and pedagogical methods of legal education in different countries, not as a static comparisonof legal education systems, but as a comparison of dynamic changes taking placein national legal systems despite the persistence of deeply embedded traditions.
In order to share this perspective on comparative legal education, we must take
into consideration the current status and changing directions of the justice system within the governance structure of each state, including the changing roleand number of judges, prosecutors, lawyers and other legal professionals, and themanner in which people qualify for those legal professions.

4.2 From Macro to Micro Comparisons
The curricula, teaching methods, semester terms,18 and other features of legal
education vary between universities even in the same country. Furthermore, thefeatures of legal education cannot be made sufficiently clear if we concentrate
our attention only on the formal curricula and educational systems of our institutions. Truly productive comparison of legal education requires us to enter into
individual classrooms, if possible, to participate in their activities and feel for
ourselves the characteristics and atmosphere of the class19.

4.3 ‌Comparative Legal Education for Fostering Global Legal Professions
Reforms of national legal education systems are not possible if they are
isolated from the dynamics of the gradual inter-linking of legal education
systems through various forms of legal exchange in the globalizing Asian18

As for the difference in semester terms, see MATERIAL at the end of this volume.

19

From this point of view, see law classrooms report at ON-SITE REPORT below.
- 12 -

WHY AND HOW SHOULD COMPARATIVE LEGAL EDUCATION BE PROMOTED IN AN ASIAN CONTEXT?

market20. Our lives and work are more tightly linked than ever through economic, political and cultural relations. Thus, although we are destined to startfrom Asia, we are not necessarily confined to the region, and need to go beyond
narrow nationalism and regionalism to foster legal professionals who can solve
problems occurring in globalizing societies, including various conflicts causedby foreign investments, international transactions, economic disparity, poverty
and environmental destruction, as well as illegal transactions and noncompliancewith laws and regulations21. The people who can deal with these kinds of issues
are global legal professions22.

20

Veronica Taylor, “Legal education as development,” in: Stacy Steele and Kathryn Taylor(eds.), Legal Education in Asia: Globalization, change and contexts, Routledge, 2010, pp.
233-234.
21

For that purpose, collaborative initiatives are worth challenging. In this context, see also

Jeff Waincymer, “Internationalization of legal education,” in: Steel and Taylor (eds.), op. cit.
(no. 21), pp. 70-84.
22

About the concept of “global legal professions”, see [http://keiglad.keio.ac.jp/en/paglep/].

See also the challenge for “global citizen lawyers” by Masahisa Deguchi, “Legal Education
for Global Citizen Lawyers in the Global Society,” in: Masahisa Deguchi and Marcel Storme(eds.), The Reception and Transmission of Civil Procedural Law in the Global Society: Legislative and Legal Educational Assistance to Other Countries in Procedural Law, Maklu
Publishers, 2008, pp. 17-29.
- 13 -

COUNTRY REPORTS

Chapter 1

CURRENT LEGAL EDUCATIONIN HANOI LAW UNIVERSITY:
Its Challenges and Prospects

Dr. Phan Thi Lan Huong*(Hanoi Law University)

1. Current status of legal education in Hanoi Law University
1.1 Background of Hanoi Law University
Hanoi Law University, formerly known as Hanoi Juridical University, wasestablished on November 10, 1979, in accordance with Decision 405/CP of theCouncil of Ministers, dated November 10, 1979, which merged the Juridical Faculty of Hanoi University and the Vietnam Juridical College.
In 1982, the Ministry of Justice decided to enlarge the university further tomake it the key legal education institution of Vietnam by merging the Juridical
Vocational Training School No. 1 with the Judicial Personnel School in Hanoi,
thereby giving birth to the present Hanoi Law University. The current name (Hanoi Law University) has been officially used since July 6, 1993, in accordancewith a decision of the Ministry of Justice.1
Hanoi Law University (HLU) currently has around 460 lecturers and pro* Deputy Head of International Cooperation Department of Hanoi Law University, and Headof Representative Office of Nagoya University in Vietnam.
1

Introduction of Hanoi Law University, http://www.hlu.edu.vn:81/gioithieu/c-42/Qua-trinh-

hinh-thanh-va-phat-trien.html- 17 -

fessors and staff. Many professors are distinguished legal scholars in Vietnam.
Nearly half of our academics are Ph.D. degree holders, more than 50 of who areprofessors and associate professors. While most founding members of Hanoi
Law University were trained in the former Soviet Union and the Democratic
Republic of Germany, many second and third-generation lecturers have had
opportunities to study and exchange their legal knowledge at major law schools
in various countries in the world such as Sweden, France, Germany, Russia, theUnited Kingdom, the United States, Canada, Australia, Japan, Singapore, China
and elsewhere.
Currently, HLU’s main departments cover business law, international tradelaw, civil law, criminal law, state and administrative law, and foreign languages.
Together these departments provide four specialized training programs in general law, international trade law, business law, and legal English.
On April 4, 2013, the Prime Minister issued Decision No. 549/QĐ-TTg todevelop Hanoi Law University and Ho Chi Minh Law University into the twoleading legal education institutions in Vietnam by 2020. This Decision aims atbuild HLU into a leading legal training institution with advance legal training
curriculums, teaching materials, and highly qualified teaching staff. Currently,
the total number of students at HLU is around 15,000. HLU will need to develop
its teaching staff and programs to provide training for around19,000 students by 2020.2

1.2 Training programs
1.2.1 Undergraduate Program (4 years)
Hanoi Law University offers a four-year undergraduate program with four
majors: general law, business law, international trade law, and legal English. It
is important to note that the international trade law and legal English majors arequite new programs at HLU.
In order to obtain an LL.B degree, students must have 126 credits covering
2

Decision No.549/QĐ-TTg dated 4 April 2013.
- 18 -CURRENT LEGAL EDUCATION IN HANOI LAW UNIVERSITY

both compulsory and elective subjects. Every year, around 2000 students enroll
in the LL.B course at Hanoi Law University, but the Ministry of Training and
Education has the authority to decide the number of students that HLU may accept, depending on its capacity (the number of teachers and professors).
The undergraduate programs are divided into three main parts: 1) generalcourses offered at all universities in Vietnam on Marxist-Leninist theory, history of the Communist Party, physical training, and national defense training; 2)fundamental legal training courses required for all law students in such areas asstate and law theory, the constitution, administrative law, civil law, and criminal
law; and 3) specialized courses designed to meet the requirements of the four
majors as mentioned above.
It should be noted that students in the legal English program can acquire a
Bachelor of Law if they undertake a double degree in legal English and the law
program. However, this double-degree program has only been offered for three
years and has many issues that need to be addressed.
Hanoi Law University also offers a 2.5-year bachelor of law program as asecond degree for those who already have a bachelor in a different major.
1.2.2 Master in Law Program (2 years)
There are two master’s programs offered by Hanoi Law University: a twoyear academic program and a 1.5-year new practical skills program started in2016 for those who want to focus on professional legal practice, such as lawyers,
judges, and prosecutors. However, the 1.5-year LL.M program provided by HLU
is different from the legal training programs provided by the Judicial Academy
and the Court Academy.
In order to obtain a Master’s degree, students have to take compulsory courses and elective courses that are divided according to major under business law,state and administrative law, criminal law, civil law, and must also complete a
Master’s thesis. Notably, only students who already have a bachelor of law degree can enroll in the Master of Law course at Hanoi Law University.

- 19 -

1.2.3 Ph.D. in Law Program (3 years)
The Ph.D. program at Hanoi Law University is a three-years program inwhich students must publish a journal article related to their dissertation as wellas successfully give an oral defense of their dissertation. Students who complete
their dissertation early are allowed to graduate early.

1.3 Teaching methods
In the past, Hanoi Law University applied the traditional legal education
methods which focused on lecturing and did not encourage creative thinking by
students. Teachers played a central role and students were the audience. Students
were often reluctant to express their own ideas or ask questions of the teacher.
This teaching method, known as the “dominating teaching method,” did not encourage students to study independently. It also tended to focus on theory rather
than the practical skills of reasoning. Students studied theory but lacked the ability to apply it.
Hanoi Law University has tried to introduce new teaching methods by reducing the lecture hours and increasing seminar hours. Students have to do selfstudy and homework. Problem-solving encourages students to learn how tointerpret and apply law in practice. However, many students still depend on theirprofessors and lack critical thinking skills. The current methods often used at
HLU include lectures and discussions, with case studies, moot courts, dialogue,
and legal clinics only used in small groups and for a few subjects.
In addition, the teaching staff of HLU often lack experience as they tend tobe new HLU graduates employed as teachers. They become teachers after acquiring an LL.M degree and spending a year in probation teaching.

2. Challenges
Regarding legal education in Vietnam, there are still many problems to beresolved.
- 20 -CURRENT LEGAL EDUCATION IN HANOI LAW UNIVERSITY-

Students are not familiar with the new teaching methods as the education
system in Vietnam still applies the “dominating teaching method” at all levels. Students are not encouraged to express their own thoughts, and it is very
hard for them to change this habit after entering law school.

-

Teaching teams, especially the young teachers, are often graduates of thesame university and have not been trained in the modern methods. Hanoi
Law University needs to focus on increasing its teaching staff by around50%. Those teaching LL.M and Ph.D. programs must have a Doctor of Laws
degree, but currently only around 100 out of 350 teachers have this qualification and HLU still needs to build its capacity in this area.

-

While modern legal training curriculums for academic development andpractical training are being carried out to some extent, they are still infective.
After graduating from HLU’s undergraduate programs, students still lackpractical skills in such areas as presentation, case analysis, and academic
writing. HLU does not have the autonomy to design its own curriculum as it
is under the control of the Ministry of Education and Training and the Ministry of Justice. Many subjects are compulsory at all universities in Vietnam asa fundamental requirement for a Bachelor degree, and consequently students
have to study many courses which are not related to law, for example, historyof the Communist Party and a general course on Vietnamese culture.

-

Lecture rooms and facilities at HLU are not applicable for modern teaching
methods. For example, the shape and size of its seminar rooms are not suitable for group discussion, and make team work difficult as the tables are often
fixed or hard to move.

-

Language: Almost all teaching materials and lectures are in Vietnamese. Until recently, HLU did not have teachers who could teach law in English. Thisis a critical barrier to joint training programs and exchange programs withforeign universities.
To summarize, the current legal education in Vietnam remains out of touchwith actual legal practice, and as a result HLU graduates do not acquire the professional skills they need to enter the job market.
- 21 -

3. The need for comparative legal education in Vietnam
Legal systems are different from country to country because of differencesin history as well as socio-political and economic conditions. In other words, thenature of a country’s legal system depends on the nature of its social system established under law. Vietnam is a socialist country lead by the Communist Party
and the current legal system of Vietnam has its own history and tradition.
The current legal system of Vietnam is based on the ideologies of the former
Soviet Union, and the Soviet legal system is based on a civil law system withmodifications of Marxist-Leninist ideology. Vietnam relied deeply on the supportof Soviet Union during the war and after reunification in 1975; the 1980 Constitution was based to a great extent on the constitution of the Soviet Union.
In parts the 1980 Constitution is a mirror image of the Soviet Union constitution. As Konrad-Adenauer-Stiftung (2008) note:
The Socialist Republic of Vietnam is a state of proletarian dictatorship (Art.2).
Further, it speaks of the “collective mastery” of the working class, the collective peasantry and the socialist intelligentsia (Art. 3). For the first time theConstitution contained a provision on the role of the Communist Party of Vietnam as the only political party (Art. 4). The party was only limited insofar
as “its organizations [were to] operate within the framework of the Constitution” (Art. 4, Par. 3).3
They further state, “Most of the lawmakers and senior state officials in Vietnam were trained in Soviet Union and Eastern European nations. The legal
system and the role of law were used in the flexible way in order to maintain theautonomous role of the Communist Party.”43Constitutionalism in Southeast Asia (Konrad-Adenauer-Stiftung, 2008), 337.

4

Thi Lan Anh Tran, “Vietnam’s Membership of the WTO: An Analysis of the Transforma-tion of a Socialist Economy Into an Open Economy with Special Reference to the TRIPS
Regime and the Patent Law” (The University of Leeds, 2009), 153, http://etheses.whiterose.
- 22 -CURRENT LEGAL EDUCATION IN HANOI LAW UNIVERSITY

The legal system of Vietnam was formed gradually under the leadership of
the Communist Party and is based on the principles of democratic centralism (taptrung dan chu) and socialist legality (phap che xa hoi chu nghia).
These principles shape the nature of legislation in Vietnam. Although the
National Assembly is vested with legislative power, the executive organs play animportant role in legislation. Hence, the sources of law and their interpretation
are different from the principle of rule of law. “The legal ideologies that provide
the foundation for the establishment and operation of Vietnamese legal institutions significantly differ from those of rule-of-law systems.”5 Under democratic
centralism there is no separation of state power. All three state braches are
involved in legislation. Hence, the concept of law refers to the various types ofwritten legislation issued by competent agencies. Moreover, the Communist Party’s leading role in all aspects means that the legal system is strongly influenced
by Party policies. No law may conflict with Party policies, and this is a conditionof legal validity in Vietnam that also sets it apart from other countries.
The need for comparative studies of legal education has been recognizedsince World War II, as mentioned at the UNESCO conference of May 1949: “Weare of the opinion that the legal profession throughout the world owes a duty tothe peoples from which it springs to unite in an effort to overcome such of thetensions and misunderstandings rending the world community as lie with- in
its special spheres of competence.”6 Comparative studies in legal education will
help future practitioners and scholars to acquire a deeper understanding of thetensions between different legal systems.
Currently, Vietnam has carried out legal reform in order to meet international standards as well as the need for globalization. For example, Vietnam has

ac.uk/2688/1/uk_bl_ethos_509876.pdf.
5

Bui Thi Bich Lien, “Legal Interpretation and the Vietnamese Version of the Rule of Law,”

National Taiwan University Law Review 6 (2009): 323, http://www.law.ntu.edu.tw/ntulawreview/articles/6-1/11-Article-Bui%20Thi%20Bich%20Lien_ p321-337.pdf.
6“Comparative Law in Legal Education - Viewcontent.cgi,” accessed February 20, 2017,

http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=2673&context=uclrev.
- 23 -

worked to bring its national legal system up to the standards of the World Trade
Organization (WTO), of which it is a member, and its legal sectors have been reformed to conform to international trade rules. For example, the Administrative
Court was established in 1996, and the Law on Administrative Complaints and
Denunciations, in 1998, to meet a WTO requirement.
The legal documents of Vietnam are drafted with the support and guidanceof international experts and INGOs. Vietnam has received support from advanced countries such as the U.S., Japan, Denmark, Canada, and Germany inimplementing its legal reforms. For example, JICA (Japan) has assisted Vietnam
in drafting legal documents in civil and commercial areas, as well as in humanresource development.7 The USAID STAR project helped Vietnam to rewrite
or adapt 93 legal documents related to trade agreements.8 Nicholson and Quang(2005) note:
More recently, donors and entrepreneurs have advocated reforms to sup- port
the marketization of the economy, producing a diverse set of civil and common law influences from various sources including Sweden, United States ofAmerica, Canada, Japan and Australia to name a few.9
Consequently, the current legal system in Vietnam has been significantly
impacted by donor countries. The legal system has gradually changed as a resultand now has some new features that are different from when Vietnam had a cen7

“Technical Assistance Project for Legal and Judicial System Reform Vietnam Countries& Regions JICA,” accessed May 12, 2014, http://www.jica.go.jp/vietnam/english/activities/
activity09.html.
8“USAID STAR Project Helped Propel Vietnam into the Global Economy DAI Online Pub-lications,” accessed May 12, 2014, http://dai-global-developments.com/articles/us- aid-starproject-helped-propel-vietnam-into-the-global-economy.html.
9Penelope Nicholson and Nguyen Hung Quang, “The Vietnamese Judiciary: The Politics

of Appointment and Promotion,” Pacific Rim Law and Policy Journal Association, 2005,
5, http://digital.law.washington.edu/dspace-law/bitstream/handle/1773.1/659/14PacRimLPo-lyJ001.pdf ?sequence=1.
- 24 -CURRENT LEGAL EDUCATION IN HANOI LAW UNIVERSITY

trally planned economy. The issue is how Vietnam is applying the legal models
and solutions for reforming different legal traditions (civil law, common law,socialist law, etc.) to create a coherent legal system.10 In particular, the interpretation and application of law needs to be taught using modern methods (legal
clinics, case studies, moot courts) in order to ensure that students acquire bothacademic and practical skills. In addition, there is an urgent need to introduce
comparative studies in legal education in Vietnam so that law students can better understand the tensions and differences among the legal systems of selected
countries.
Legal education in the ASEAN countries which can be divided into two maingroups: those with a common law tradition (Singapore, Malaysia, and Brunei)
and those of the civil law family (Vietnam, Thailand, Laos, and others). Comparative legal education can lead to establishing a common legal ground among theASEAN countries and is crucial if students are to meet the challenges of globalization as well as local needs.11
In general, as Vietnam undergoes legal reform, lawmakers and law professors have used different approaches, such as reviewing the current legal documents of the other countries, to draw out lessons for lawmaking in Vietnam. But
the reality is that the fundamental legal theories and current practices of Vietnam are not yet focused as they should be for legislation or legal education. It is
becoming increasingly important to study law in context as every country has its
own legal tradition. Furthermore, since the interpretation and application of law
are different from country to country, comparative legal education is essential
for students to learn about the legal theories and practices of different legal systems. Comparative legal education will contribute to creating a common systemof legal education that will be key to training legal human resources in the era ofglobalization.
10

Per Sevastik, Legal Assistance to Developing Countries: Swedish Perspectives on the Ruleof Law (Martinus Nijhoff Publishers, 1997), 115.
11

“LEGAL EDUCATION IN ASEAN IN THE 21ST CENTURY - w2_Malaysia.pdf,” ac-cessed February 22, 2017, http://www.aseanlawassociation.org/9GAdocs/w2_Malaysia.pdf.
- 25 -

Documents

CURRENT LEGAL EDUCATION IN HANOI LAW UNIVERSITY:ITS CHALLENGES AND PROSPECTS
Dr. Phan Thi Lan Huong
Hanoi Law University

1
CURRENT LEGALEDUCATION IN HANOILAW UNIVERSITYCONTENTS

1. Current status of legal education in Hanoi Law University
2. Challenges
3. The need of of comparative legal education in Vietnam

2
Contents3
1. Current Status of Legal
Education in Hanoi Law
Universitya) Background of Hanoi Law
University

1. Current status of legal education in Hanoi
Law Universitya) Background of Hanoi Law University


Hanoi Law University was established on 10 November 1979 and undercontrol of Ministry of Justice

Hanoi Law University currently has around 450 lectures/professors and staffs

The number of students in total is around 15.000



HLU includes Departments such as: Business Law, International Trade Law,
Civil Law, Criminal Law, and State and Administrative Law, and Foreign
Language which provides the four majors training program (specialized) :Law in general, International Trade Law, Business Law, and Legal English.
Strategy of government: HLU becomes a leading legal
education institution in 2020

- 26 -CURRENT LEGAL EDUCATION IN HANOI LAW UNIVERSITY

1. Current status of legal education in Hanoi
Law Universityb) Training programs

Undergraduate

Master in Laws

Four majors

2 year program(academic)

Four years
126 credits&
Second Degree (2years)

1,5 year program (legal
practice)
Divided into different
majors/subjects(specialist)

Doctor in Laws
• 4 years• Specialized in
specific major suchas civil law,administrative law

4
1. Current Status of Legal
Education in Hanoi Law
Universityb) Training Programs5
1. Current Status of Legal
Education in Hanoi Law
Universityc) Teaching Methods

1. Current status of legal education in Hanoi
Law Universityc) Teaching methods(Past)
Dominatedteaching
method(Current)
Critical thinking• lectures• seminars•Lectures,•Seminars•Modern methods: case solving,moot court, legal clinic,- 27 -

Professional
skills&Globalization&
Need ofmarket???

Documents

challenges

2. Challenges

Students are not familiar with the modern
teaching methods
Lack of capacity: teaching experiences andlanguage proficiency
Curriculum has not yet developed to meetthe need of market

Facilities

challenges

2. Challenges

Government’s strategy: key leading legal training
institution in Vietnam
Competition among legal training institutions
Globalization & Integration

6, 7
2. Challenges- 28 -CURRENT LEGAL EDUCATION IN HANOI LAW UNIVERSITY

3. The need of comparative legal education in
Vietnam Legal system is different from a country to country: The current legal system
of Vietnam is based on the ideologies of the former Soviet Union Legal education: Need of common legal training curriculum and modern
teaching methods
 Study law in context is becoming important gradually: Tension andmisunderstanding in law interpretation and application: academic andpractical skills
 Integration and globalization: narrow the gaps between domestic andinternational laws
 Need to develop a legal professional staffs who meet the needs of market.

3. The need of comparative legal educationin Vietnam• Teaching
methods• Building
capacity

Universities• Curriculum• Join training
programs• Exchange
programs
Comparative
legal education

Teachers

8, 9
3. The Need of Comparative
Legal Education in Vietnam- 29 -

Chapter 2

LEGAL EDUCATIONIN JAPAN AND VIETNAM:
A Comparative Approach

Shohei Sugita*(Nagoya University)

1. Introduction
During my one year and nine months as a lecturer at the Research and Education Centre for Japanese Law at Hanoi Law University, I have observed a
difference between the Japanese and Vietnamese approaches to legal education.
The difference is that legal education in Japan focuses on legal interpretations,while legal education in Vietnam focuses on legislation and the application oflaws. This essay describes the different approaches towards legal education inthese two countries by exploring the role of the judiciary in their legal systems.

2. Differing Approaches to Legal Education in Japan and Vietnam
Legal education in Japan is mainly focused on what is known as ‘legal interpretation’.1 The precise meaning of the term ‘legal interpretation’ is a subject* Assistant professor of Nagoya University, and coordinator of the Research and Education
Center for Japanese Law in Vietnam.
- 31 -

of some controversy.2 However, it must be defined for our convenience. I use theterm ‘legal interpretation’ to not only assign meaning to a legal term but also
to engage in a rational review of what making a law entails.3 Legal scholars inJapan have enthusiastically studied and taught the legal interpretation approach.
On the other hand, legal scholars in Vietnam have taught an approach involving
the application of laws rather than legal interpretation. What caused this difference in approach between these two countries? I believe that differences between
the respective judiciaries play an important role in legal education. In otherwords, the type of power that the courts exercise influences the approach towards
legal education.

3. The Judicial System in Japan and Legal Education
The Japanese courts have the following three powers: engaging in permissive legislation (i.e. judicial review), drafting legal interpretations, and applying
laws.4 According to the Constitution of Japan, Article 81, judicial review is used
to interpret and apply the Constitution in the context of specific disputes. Broad
problems can be resolved by legal interpretation and the application of laws.
1

Masao Ikeda, “Shinsedai Hogakubu Kyoiku no Jissen: Ima, Nihon no Hogaku Kyoiku ni

Motomerareru Mono (5) -- Kaishakugaku no Denju kara ‘Ruru Zukuri Kyoiku’ he” [Implication of the next generation legal education: the things that are required for legal educationin Japan (5) -- Formation from teaching legal interpretation to teaching to making rules], inShosai no Mado [The window of the author’s study], No.647, p.40 ff. (Yuhikaku Publishing,Tokyo 2016).
2

Aharon Barak, Purposive Interpretation in Law, p.3 ff. (Princeton University Press, Prince-

ton 2007).
3

Zentaro Kitagawa, “Hokaishakugaku niokeru Riron to Hokeisei: Hokaishakugaku no Sai-

kosei no tameni” [Theory of legal interpretation and making laws: For reforming theory oflegal interpretation], in Hotetsugaku Nenpo [The Annals of Legal Philosophy], Vol.1971,
pp.46 ff. (Japan Association of Legal Philosophy, Tokyo 1972); Aharon Barak, supra note 1,
p.3 ff.
4

The Constitution of Japan, Chapter 6, Article 81.
- 32 -LEGAL EDUCATION IN JAPAN AND VIETNAM

Hence, Japanese practitioners, judges, prosecutors and attorneys need to be wellversed in legal interpretation. Japanese legal scholars study and promote legal
interpretation as well. Consequently, legal education in Japan has primarily focused on legal interpretation.

4. The Judicial System in Vietnam and Legal Education
The Vietnamese judiciary is different from the Japanese judiciary. The legal
system of Vietnam is based in part on the ideology of the former Soviet Union.5
While Japan follows a liberal tradition in which state powers are separated
among the executive, legislative and judicial branches, state power is regarded as
inseparable in Vietnam.6 This principle in Vietnamese law is termed tap trungdan chu or democratic centralism.7 Based on this principle, the Standing Committee of the National Assembly (SCNA)8 has the power to interpret the Constitution of Vietnam, interpret law and decree laws.9 Therefore, it is popularly
supposed that a Vietnamese court only has the power to apply laws to particularcases. As a result, legal practitioners in Vietnam need to know how to apply laws
to cases and legal scholars in Vietnam teach those skills. It can be stated that inVietnam, the judiciary can solve relatively narrow legal problems because of thelack of judicial review and legal interpretation. For this reason, legal scholars in
Vietnam concentrate on studying legislation with the aim of solving legal problems.
5

Bui Thi Bich Lien, “Legal Interpretation and the Vietnamese Version of the Rule of Law”,

in National Taiwan University Law Review, Vol.6, p.324 ff. (National Taiwan University
College of Law, Taiwan 2011).
6

Bui Thi Bich Lien, supra note 5, p.324 ff.

7

The Constitution of Vietnam, Article 8.1.

8According to the Constitution of Vietnam, Article 74, SNCA has the right to explain theConstitution, laws and decree laws; however, it has exercised this right only six times (BuiThi Bich Lien, supra note 5, p.328 ff.).
9

The Constitution of Vietnam, Article 74.
- 33 -

5. Significance of Varying Approaches to Legal Education
As described above, there is a difference between Japanese and Vietnamese
legal education. Legal education in Japan focuses on legal interpretation, whereas in Vietnam, it focuses on legislation and the application of laws. I doubt that
this distinction is a problem. Two reasons justify my assumption.
First of all, it cannot be stated that legal education which focuses on legal
interpretation is superior to legal education which focuses on legislation andthe application of laws. There is some criticism that legal education in Japan
is too academic, that Japanese legal education resides in an ivory tower and isoverly concerned with legal theory over the realities of society.10 Second, legal
interpretation can be employed to study legislation and the application of laws.11
The core benefit of studying legal interpretation is to learn what making a law
entails. When drafting legislation and applying laws, it is important to think
what making of a law entails. Furthermore, it is possible to think about this by
studying legislation and the application of laws. For instance, it is supposed that
there are approximately 100,000 legislative documents in Vietnam. The reason
why so many legislative documents exist is partly because it is necessary to provide definitions for legal terms applied to specific situations.12 These legislative10

Masao Ikeda, supra note 1, p.36 ff.

11This is the article which indicated a lack of legal interpretation regarding Vietnam’s legal

education; Takeshi Matsumoto, “Betonamu Hoseibi Dayori” (2015) [Report of Legal Reform
Project in Vietnam (2015)], http://www.icclc.or.jp/pdf/info150706.pdf (International Civil
and Commercial Law Centre Foundation, last visited Jul. 1, 2017).
12

In Vietnam, there is a concept termed giai thich phap luat. This phrase directly implies

the explanation of law. About this concept, there are two schools of thought. One insists thatgiai thich phap luat is an explanation (giai thich chinh thuc) of law made by authorized government agencies such as SCNA. The other school claims that giai thich phap luat is an explanation (giai thich tinh huong) of the law conducted by other authorities (See Bui Thi Bich
Lien, supra note 5, p.328 ff.). I suppose that legislative documents in Vietnam can be classified as documents of sources of laws and documents of interpretation of laws. Documents oflaws are made by authorized government agencies which are authorized to make legislative
documents by the Constitution or by the law (the law of Promulgation of Legal Documents- 34 -LEGAL EDUCATION IN JAPAN AND VIETNAM

documents include not only documents for making rules but also documents forproviding meaning to laws. Thus, studying legislation is the same activity as
studying legal interpretation.

6. Comparative Perspective of Legal Educationin Vietnam and Japan
As mentioned above, there are several legislative documents in Vietnam. I
propose that studying legislation in Vietnam includes engaging in legal interpretation. In 2016, the Vietnam Supreme People’s Court announced ten caselaw decisions. I believe this development will encourage academic lawyers tocontemplate the meanings of laws. As more and more legal scholars in Vietnam
become aware that legislation can have relatively wider functions, there is more
possibility of legal education expanding as an academic field.
It is important for Japan to compare Japanese legal education to Vietnamese
legal education. Nowadays, there is an argument that Japanese legal education
should move away from focusing on legal interpretation.13 Ikeda proposes thatlegal education in Japan should focus on educating students who can create
rules.14 Researching Vietnamese legal education, which is certainly a different academic field from Japanese legal education, may provide some hints tore-thinking the academic field of legal education as a whole.

(No.80/2015/QH13) is not sufficient). On the other hand, documents of interpretation of laws
are prepared by other government agencies. Hence, I suppose that legislation in Vietnam includes ensuring legal interpretation.
13

Masao Ikeda, supra note 1, p.40 ff.

14

Ibid., p.40 ff.
- 35 -

7. Conclusion
I have explained the difference between Japanese legal education and Vietnamese legal education from the perspective of differing roles of the judiciary.
Because of the different roles of the judiciary, each country focuses on different
approaches to the rule of law.
During my work with students who want to study in Japan, I have observed
students having difficulty in explaining their research plans to Japanese professors because of the different approaches to legal education in the two countries.
It can be asserted that as more comparative legal education studies are conducted, a lesser gap between these two countries will be observed. I hope that morecomparative legal education studies will be conducted after this symposium.

8. Acknowledgements
This work was supported by the Nitto Foundation.

- 36 -LEGAL EDUCATION IN JAPAN AND VIETNAM

Documents

1
LEGAL EDUCATIONIN JAPAN AND VIETNAM
A COMPARATIVEAPPROACH

Legal Educationin Japan and Vietnam
A Comparative Approach
杉田昌平 （SHOHEI SUGITA）
LECTURER JAPANESE LAW CENTERHANOI LAW UNIVERSITY=NAGOYA UNIVERSITY

Introduction
Japan: Focusing on Legal Interpretation
Vietnam: Focusing on legislation and application of laws
What makes this different?

2
Introduction

3
View Point of
My Presentation

View point of my presentation
Difference of judiciaries influences on legal education
The type of powers that courts exercise
Permissive Legislation

Legal Interpretation- 37 -

Application of Laws

Documents

Judicial system of Japan
Japanese court has powers below

Legal education focusing on

Permissive Legislation
Legal problems are mainly solved by
Legal Interpretation

Legal Interpretation

Application of Laws

4
Judicial System of Japan

5
Judicial System of Vietnam

Judicial system of Vietnam
Vietnam court has power ofLegal education focusing on

Application of Laws

Application of Laws＋
Legal problems are mainly solved by
Legislation

Legislation- 38 -LEGAL EDUCATION IN JAPAN AND VIETNAM

Is it a problem?
My answer is No.
Legal education in Japan face critics.
Too academic
Legal Education of Japan stays in an ivory tower

6

Legal Interpretation can be employed to study legislation and the application oflaws.

Is it a Problem?

Perspective
Legal education of Vietnam:
gets wider academic fields.
Legal education of Japan:
can re-think academic field of legal education.
Comparative legal education study:

7

can reduce the gap between (among) countries and can enhance academic relationshipbetween (among) countries

Perspective

Acknowledgements
This work was supported by the Nitto Foundation.

8
Acknowledgements- 39 -

Documents

References
Masao Ikeda ‘Implication of the next generation legal education: the things that are required
for legal education in Japan’, ‘5th, formation from teaching legal interpretation to teaching tomaking rules’, The window of the author’s study No. 647 pp. 35-41 (JP)Aharon Barak “Purposive Interpretation in Law” pp.3 (2007)
Zenntaro Kitagawa ‘Theory of legal interpretation and making laws: For reforming theory oflegal interpretation’ The Annals of Legal Philosophy 1971 pp.45-73 (1972)(JP)Bui Thi Bich Lien ‘Legal Interpretation and the Vietnamese Version of the Rule of Law’, National
Taiwan University Law Review Vol. 6 pp. 321-337 (2011)
Takeshi Matsumoto ’Report of Legal Reform Project in Vietnam’, International Civil andCommercial Law Centre Foundation(2015)

9
References- 40 -

Chapter 3

LEGAL EDUCATIONAT UNIVERSITY IN VIETNAM

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

The lawyer is regarded everywhere as a person having good knowledge oflaw and capable of providing useful advice on appropriate behavior within theframework of social relations subject to law. The lawyer can be compared to amathematician: while the mathematician uses mathematic formulas to resolve
complex problems, the lawyer uses rules of law to handle the legal questions thatarise in society1.

1. General characteristics of legal education
Legal education, the intellectual preparation for a legal expert’s professional
life, is prepared and organized logically and naturally in consideration of thefunction to be assumed by the person who undertakes the training program.

* Associate Professor and Vice-Rector of the University of Economics and Law – Member ofVietnam National University in HCM city.
1

Association Henri Capitant, Les professions juridiques – Rapport général sur la formation

du droit, Bruylan, Brussels, 2013 pp. 382 and 383.
- 41 -

1.1 Place of legal education in the education system
In the countries where the legal system is derived from a Romano-Germanic legal culture, legal education takes place in an institution of higher learning.
There is moreover a traditional distinction between university training andprofessional training; the former aims at educating students in the theoreticalknowledge of law while the latter focuses on preparing students for the legal professions of judge, lawyer, notary, bailiff, etc.
In Vietnam, a person who wants to become a legal professional must obtain auniversity degree, normally a bachelor of law, before applying for a professional
legal training program. It is to be noted, furthermore, that most of the time, professional legal training takes place under the authority of a specialized training
organization. At the beginning of this century, the Judicature Academy was
entrusted with all kinds of professional legal training, including judges’ training, lawyers’ training, etc. But the judicature reform process led the way to thereinforcement of professional bodies, and as a consequence professional legal
training was “reset” toan occupation transfer model in which a junior person israined be a senior mentor. The founding of the Judges’ Training Institute is one
illustration of this tendency. A Notaries’ Training School and a Lawyers’ Training School are expected to be established in the future.
Training objective. Legal education in Vietnam, like in other countries,
aims at a double target. On the one hand, it must help students acquire a thorough knowledge of law that will allow them to undertake legal professions ascompetent legal experts. On the other hand, it must help to foster good human resources who can play an active role in the building and development of a society
based on the rule of law.
So from a social point of view, the legal expert who is a product of this legal
education must logically fulfill a double function. First of all, the legal academic
background puts the person in a position to say what is right and what is wrong- 42 -LEGAL EDUCATION AT UNIVERSITY IN VIETNAM

in terms of social behavior as required by law. In addition, with an understandingof law, the person will know what to do to improve the regulation of social order.

1.2 Place of legal education from a sociological point of view
A popular and prestigious training. In Vietnam, legal education is open
to everybody. It is popular, since it does not require anything in particular as far
as student’s social and intellectual qualities are concerned. That is an importantdifference from other forms of vocational training, such as for medical doctors,
which will only take privileged candidates having good knowledge of chemistry
and biology; for architects, whose training is premised on prior skills in mathematics and drawing. Legal education is also popular because it can be undertaken by all people interested in law, without regard to a person’s social standing,gender, or family financial situation.
Furthermore, a legal education leads to the development of a professional
occupation that is highly respected by society. Judges, notaries public, lawyers,
and others engaged in legal occupations are greatly appreciated for their contributions, through their professional activities, to the building, consolidation, anddefense of social order.
An education model in evolution: It is however undeniable that in thecontext of globalization, the legal education model developed in Vietnam isconstantly criticized regarding its effectiveness, essentially a result of the confrontation between the Vietnam model and the legal education models adopted incountries imbued with the Anglo-Saxon legal culture.
It is often said that a lawyer graduating from a law faculty in Vietnam, andmore generally in a country influenced by the Romano-Germanic legal culture,
is likely to find it more difficult than a lawyer coming out of a law school to relate the theory of law to the actual practice of law directed at finding solutions toreal life issues. That can generally be explained by the two following reasons.
- 43 -

First, unlike at a law school where case studies are used in teaching law sothat students can experience legal practice even while they are still in academic
preparation for the profession, the law faculty continues to use traditional teaching methods. These are the methods that were widely applied during the golden
era of teaching Canonic law and which are characterized by the teacher’s total
control of the classroom and the absence of interaction between teacher and students2. As for the content, the law school introduces what happens in real life interms of law, while at a law faculty, students discover the law by using doctrinal
instruments. They are not really encouraged to go beyond legal theory to legal
reality.
Second, it is necessary to consider the particularities of the law school model in terms of its enrollment requirements. Normally, to be admitted to a law
school, the candidate must have already acquired a university degree in anotherfield of study. Thus, legal training is considered as a professional option for an
intellectual. In most cases, a law school student is more mature than a law faculty student at a university study, and may already have a profession.
For the purpose of global integration, it is indispensable that serious consideration be given to revising the legal education system in Vietnam.

2. Access to legal education
2.1 Enrollment
General requirements. In principle, a holder of a high school diploma is2

http://law.ftu.edu.vn/vi/tin-tuc/tin-cua-khoa/giang-day-thuc-hanh; http://www.hcmulaw. edu.

vn/hcmulaw/index.php?option=com_content&view=article&catid=16:cdiendansinhvien&id=2245:ddsvppgdth&Itemid=575- 44 -LEGAL EDUCATION AT UNIVERSITY IN VIETNAM

entitled to apply for the first year of study at a law faculty. Previously, a national
entrance examination was annually carried out for the selection of candidates.
But since 2015, this examination has been replaced by the mechanism of a “callfor candidates.” To be eligible to even apply, the candidate must graduate fromsecondary education with a “normal” grade average decided by the concerned
university, and the first qualifying candidates to apply are the first to be accepted.
Concerning recruitment for the LLM, the entrance examination is still
maintained. Master’s degree training is considered to be specialized. There ismoreover a distinction between a research Master’s and a professional Master’s:
the former opens the possibility for a graduate to continue their study at the
Ph.D. level after having finished the Master’s program, while the latter orientsthe student to a professional life with an internship as part of the whole training
program. In terms of curriculum content, there are more lectures on theory in the
research Master’s program than in the professional Master’s program.
Vocational training. Legal vocational education in Vietnam, like in othercountries with the Romano-Germanic legal culture, is open to holders of a bachelor of law degree who plan to become a legal professional. The most organizedprofessional legal training is for judges and lawyers, as can be explained by the
key positions of these professionals in the judicial process. Also popular for
young people with a bachelor of law degree is training to become a notary public.
All these kinds of professional training are currently under public authority.
It is probable however that in the coming years, professional bodies will takecare of professional training. For example, the bar association will be entrustedwith lawyers’ training, the notaries association with the training of notaries public, etc.

- 45 -

Recruitment requirements are different from one professional legal training
to another. For instance, to apply for the judges’ training program, the candidate must have a bachelor degree of law and experience in legal functions. The
lawyers’ training is available to candidates with a bachelor degree of law who
successfully pass a special examination. It is possible for a legal expert to change
from being a lawyer or notary, provided that this person meets the requirements
as prescribed by law.

2.2 Training costs
Tuition fees. Fees are normally charged for university legal education in
Vietnam and these tuition fees are regulated by law. In principle, a public university cannot demand a tuition fee that exceeds the limit set by a Prime Minister’s
decision. It is notable that compared with other disciplines, legal education is thecheapest3. Moreover, there is a distinction between an autonomous university anda non-autonomous university: the former is entitled to charge a higher tuition fee
than the latter. Private universities are subject to the same regulations as those
for autonomous universities regarding the setting of tuition fees.
In general, university legal education in Vietnam is considered to be the moreaccessible of university training programs in terms of tuition which explains the
positive social sentiment towards this kind of university training.
Funding of studies. Most of the time, university study is financed out offamily resources. Generally in Vietnam a student graduating from a senior secondary school at the age of 18 remains economically dependent on his/her parents.

3

http://www.thongtintuyensinh.vn/Muc-tran-hoc-phi-cac-truong-cong-lap-tu-nam-hoc-2015

2016-den-20202021_C248_D12994.htm. The highest tuition fee is that for medical study.
- 46 -LEGAL EDUCATION AT UNIVERSITY IN VIETNAM

However, after obtaining a bachelor degree, the student is normally able tofind a fulltime job and thereafter pay for his/her own study for a Master’s degree
or Ph.D.
It is also possible for a university student to find a scholarship for total orpartial funding of his/her study. Additionally, there is a system of credit for students to help those in need to get a loan to cover their study expenses. This loan
is normally paid back after the debtor gets a job and has a regular income.

3. Training development
3.1 Curriculum conception
The curriculum for a bachelor degree in law is normally is composed of twoparts. The first part is defined by the Ministry of Education and Training and isrequired of all disciplines. It consists of subject matter related to Marxist-Leninist philosophy, the thought of Ho Chi Minh, and the Communist Party history.
The second part is divided into two sub-parts. The first sub-part corresponds togeneral and basic knowledge of law and the second sub-part is composed of subject matter necessary for specialized study of a legal discipline. In accordancewith the current regulations concerning university legal training, there are six
disciplines: Law, economic law, civil law, administrative law, criminal law, andinternational law. Specialization is more accentuated at the Master’s level while
those with a bachelor of law are expected to be generalists.
Since legal training at the bachelor level remains general, the curriculum almost contains theoretical subject matter. Practical training is most of the time in
the form of seminars or conferences at which practitioners are invited to talk on
topics relating to theoretical courses.
At the Master’s level, the curriculum is also composed of two parts corre- 47 -

sponding to two steps of the training program. In the first part, there is mandatory subject matter which is expected to consolidate the student’s knowledge ofphilosophy, basic law, and legal reasoning and analysis. Normally, a student musttake all the related courses before moving onto the second part which contains
specialized subject matter relevant to the discipline of the specific Master’s program.
At the Ph.D. level, the training program is set up to prepare the Ph.D. candidate for the methodological rules of drafting a thesis, as well as to keep thestudent motivated in his/her research. The main reason for this is that most Ph.D.
students are already employed on a fulltime basis and often find it difficult to be
fully engaged in their research. The training program usually includes a numberof seminars in which Ph.D. students are invited to participate in discussions ontechnical issues related to Ph.D. thesis writing.

3.2 Training performance
Training time. The university legal training develops through the threelevels of Bachelor, Master’s and Ph.D. The bachelor degree is currently granted
after four years of study, but, by virtue of a recent regulation approved by thePrime Minister, the training time at bachelor level may soon be reduced to three
years4. The Master’s degree is normally requires two years, and the Ph.D. degree,
three years. So, in terms of training time, there are similarities between Vietnam
and most European countries.
The bachelors’ legal training program normally includes an internship in thelast semester. In the internship the student undertakes professional work under
the supervision of a legal expert. The bachelors’ legal training course is normally
finalized by the writing of a dissertation which must be defended before a jury.

4

Decision n. 1982/QĐ-TTg dated 26 October, 2016 of the (Vietnamese) Prime Minister.
- 48 -LEGAL EDUCATION AT UNIVERSITY IN VIETNAM

Internship is also mandatory for the Master’s legal training program. However, this requirement is not so significant since most Master’s students are already
employed on a fulltime basis. To acquire a Master’s degree, a student must also
prepare and defend a dissertation.
A student working on a Ph.D. degree does not need to attend theoreticalcourses. The student is only obliged to attend seminars relating to his/her research and to present his/her research’s results according to the university schedule. The defense of a Ph.D. thesis is carried out in 2 phases, at the training unit
level and, when this first phase is successfully passed, at the university level. A
Ph.D. degree is conferred after the successful defense of a thesis at university
level and when other requirements leading to this point show positive results.
Teaching methods. The most favored legal teaching method in Vietnam
consists of lectures given in an auditorium: the teacher speaks and the students
take notes; there is no interaction during the lecture. Sometimes, students raisequestions related to certain technical points and the teacher answers these questions to clarify his/her presentation.
However, there are more and more law teachers who try to combine theoretical lectures with practical case studies. The case studies used in teaching law
may be invented by the law teachers or be actual cases collected from judicial or
extra-judicial practice. It should be noted that currently court decisions are still
not systematically published in Vietnam. Still, teachers and students can use other ways to access court archives for the collection of interesting court decisions.
Some formal judicial precedents are now being recognized in Vietnam to bea source of law. These are court decisions considered remarkable in terms of thequality of arguments or law interpretation that are used by the Supreme Court
as examples of law application in the settlement of lawsuits, and that are recom-- 49 -

mended to be used by the courts for similar cases5.

4. Post-training phase
4.1 Training follow-up
Training assessments by students provide an important means of not only
checking on whether the teaching meets the need of students, but also of giving
the teacher an opportunity to make necessary adjustments to improve teachingquality. The assessment method, based on the idea that a student is a customer,
can be described as follows: at the end of a course, students are invited to fill inan online questionnaire; the survey results are communicated to the teacher concerned and to the head of the relevant department. The teacher is required to takestudents’ opinions into consideration to improve his/her teaching methods.
This training assessment at the program level is necessary to acknowledge
the contribution of the program to socio-economic development and social progress in different employment sectors. In the assessment process, the alumni
association plays a very important role.

4.2 Professional outlets
So far, it is not difficult for a law student to find a job after graduation6.
Most of the time, those with a bachelor of law are recruited by the public sector
through a competition. It is also possible to serve as legal assistant in a private
enterprise or as a clerk in a law firm, notary office, or bailiff office. Professional legal training is available to those who would like to be promoted to higher
5

Resolution n. 03/2015/NQ-HĐTP dated October 28, 2015 by the Council of Judges of theSupreme Court.
6

http://kenhtuyensinh.vn/co-hoi-viec-lam-cho-sinh-vien-nganh-luat-la-rat-lon; http://www.

hcmulaw.edu.vn /hcmulaw16/index.php/48-c-ttsk /234-86-sinh-vien-lu-t-ra-tr u-ng-co-vi-clam-n-d-nh.
- 50 -LEGAL EDUCATION AT UNIVERSITY IN VIETNAM

professional responsibility, and includes training to be a judge, lawyer, notary
public, etc. There are also people with a bachelor of law who continue their university study at the Master’s level so as to gain a competitive advantage in professional life.
In the unusual case that the holder of a university degree desires to acquire asecond bachelor’s degree in law, there are normally two options: 1. To work at alaw firm as a clerk and undertake a lawyer training course to qualify as a probationary lawyer; or 2. To undertake a profession related to the first university degree. Taking the second option gives a person an advantage over other colleagues
because he/she will have very good knowledge of law.

- 51 -

Documents

Legal education at university
in Vietnam
General view
Development

1

Reform ideas

LEGAL EDUCATIONAT UNIVERSITY
IN VIETNAM

General view
• > University legal education• >> At bachelor level for everybody• >> At Master and PhD levels for those already engaged inprofessional life and expect to be promoted in consideration of highacademic qualification• > Vocational legal education• >> Performed by the Judicial Academy (except for judges’ training)• >> For those having obtained a bachelor of law• >> Regarded as requirement for the issuance of professional licenseby the Ministry of Justice2
General View

- 52 -LEGAL EDUCATION AT UNIVERSITY IN VIETNAM

Development• > Enrollment requirements• >> As for Bachelor degreed training• >>> Holder of a baccalaureate• >>> Having positive bac exam total score as compared with the normal score
determined by university• >> As for Master degreed training• >>> Holder of bachelor of law (sometimes a bachelor of law relevant to the
Master program in terms of specialty)• >>> Having succeeded in an entrance examination• >> As for PhD degreed training• >>> Holder of Master of law• >>> Having succeeded in a test

Development• > Training time
•
•
•
•
•
•

>>> For bachelor degree: 4 years>>> For Master degree: 2 years>>> For PhD degree: 3 years>> Curriculum development>>> Adoption of academic credit system at bachelor and master levels+ For bachelor degree: around 130 credits

•
•
•
•
•
•

+ For Master degree: around 60 credits>>> program composition+ Conditional subject-matters (+ Specialized mandatory subject-matters+ Specialized optional subject-matters> Training methods• >> Prevalence of traditional methods (giving lectures)

3, 4Development- 53 -

Documents

Reform ideas• > As for university legal education• > Shortening of training time at Bachelor level to 3 years• > Change of teaching methods at Bachelor and Master levels:• >> General implementation of case study• >> Combination of theoretical lecture and practical legal talk
• > As for vocational legal education• >> Use of occupational transfer model• >>> Performance of professional training by professional corporate• + Lawyers’ training by VBA• + Judges’ training by the Judicature Academy …

5
Reform Ideas- 54 -

Chapter 4

CAMBODIAN LEGAL SYSTEM
AND LEGAL EDUCATION

Dr. Kong Phallack*(Pannasastra University)

This paper is written to provide a brief introduction to legal system, sourcesof law, dispute resolution, legal professions and legal education in Cambodia.
The paper does not explain legal procedures in the Cambodian courts and procedures of dispute resolution outside the court.1

1. Overview of Cambodian Legal System
The Cambodian legal system has evolved from unwritten customary law tostatutory law. Scholars have classified Cambodian legal development into two* The author is Dean and Professor of Law of Faculty of Law and Public Affairs, Paññāsāstra
University of Cambodia (PUC); Managing Partner and Attorney at Law of KhmerLex Legal
Solutions, a locally established law firm; and arbitrator of the Arbitration Council. He has
handled 780 cases among 2684 cases registered at the Arbitration Council. Dr. KONG Phallack used to serve as a chairman of the Board of Director of the Arbitration Council for two
mandates.
1

This paper is revised based on articles published in the book titled Introduction to Cambo-

dian Law which is known as KAS’s Publication under Editors: Hor Peng, Kong Phallack and
Gorege Menzel (2012).
- 55 -

phases, namely Ancient Law and Modern Law.2 The former refers to the unwritten customary law from Funan Period to the Angkor Period3, whereas thelatter refers to the codification of Cambodian laws from 1336 to present4. Before
French colonization (1863) Cambodia was governed by customary rules5 basedon consensus. From 1863 to 1953, the Cambodian legal and judicial systems werebased almost entirely on the French system. This system had a strong impact not
merely on the law and legal education system but also on Cambodian lawyers,prosecutors, judges and bureaucrats until 1975. From April 1975 to December
1978, the dictatorial proletariat regime of the Khmer Rouge eradicated the entire legal system, existing laws, judiciary and government’s institutions. Judges,
lawyers and other legal professionals were the target of execution. Vietnamese
troops6 invaded Cambodia and started their occupation on January 7th, 1979. At
that time the country faced a severe shortage of lawyers and laws. Michael Vickery7 described this situation as a complete legal vacuum. The legal system thatemerged during these years was heavily influenced by the Vietnamese system.
Major legislation promulgated during this period, included Cambodia’s presently
applicable contract law. During the period of the United Nations Transitional Authority in Cambodia (UNTAC) from 1991 to 1993 a number of laws, including
criminal, and a judicial law and a press law, were enacted.8 The current legal sys2

Royal University of Law and Economics and Cooperation and Cultural Activities of French

Embassy, Introduction Au Droit Cambodgien, p.7.
3

Id., pp.8-15.

4Id., pp.16-25.

5

KONG Phallack, Hok Sophea, Tep Navy, Oeurn Borarorth, The ASEAN Legal Systems,

Faculty of Law and Economics, Phnom Penh, 1998, p.12.
6

Vietnam occupied Cambodia from 1979 to 1989.

7

Michael Vickery, Kampuchea: Politics, Economics and Society, London, 1986. There were

only ten law graduates including 5 judges remained in the country (Proclamation on January
10, 1979). Vietnam occupied Cambodia from 1979 to 1989.
8

Under 1991 Paris Peace Agreement, UNTAC started its mission in Cambodia in order tohelp organize the general election and form a legitimate government. In cooperation with theSupreme National Council (SNC), a policy making body represents Cambodian four factions
at home and abroad these laws were adopted.
- 56 -

CAMBODIAN LEGAL SYSTEM AND LEGAL EDUCATION

tem is a hybrid legal system, which is an amalgamation of Cambodian customs,
the French based legal system which is an influence from the French colonizationand the common law system which is an impact of foreign aid assistance to thelegal and judicial reform in Cambodia.9

2. Sources of Law in Cambodia
This section examines the Sources of Law in Cambodia. The word “sources”
in this context mean origins of legal rules from relevant authorities in Cambodia
and other sources recognized by laws in force, whereas the word “Law” in Cambodian context can mean domestic law and international law in accordance withthe decision of the Constitutional Council.10 In accordance the Cambodian laws
and regulations as well as the current practice, the Sources of Law in Cambodia
can be classified into primary sources which mean all legal instruments of thecompetent authorities of the State,11 and secondary sources which mean customs,
traditions, consciences and equity, judicial decisions, arbitral awards, and doctrines. In civil cases, when the law does not state explicitly or when there is a gap
which the law does not stipulate provisions concerning any case, the adjudicate
9Development partners provide assistance to legal and judicial reform in Cambodia are AU-

SAID, ADB, CANADA, DANIDA, EU, Finland, FRANCE, ILO, JICA, GTZ, Netherland,
OHCHR, SIDA, UNDP, UK, USAID, World Bank. See Council for Legal and Judicial Reform [http://www.cljr.gov.kh/].
10

The Constitutional Council, CASE Nº131/003/2007 Of June 26, 2007, DecisionNº092/003/2007 CC.D Of July 10, 2007.
11

Constitution, article 91 (New) (1993 as amended in 1999), and Law on the Organization

and Functioning of the Council of Ministers, Art.13, Art.28, Art.29 (1994), The Law on The
Administration and Management of Commune/Sangkat, Art.48 (2001), and Law on Administrative Management of the Capital, Provinces, Municipalities, Districts, and Khans, Art.32
and Art.53- Art.61 (2008).
Article 91 (new) of the constitution states: The members of the Senate, the members of the
National Assembly, and the Prime Minister have the right to initiate legislation.
The deputies shall have the right to propose any amendments to the laws, but the proposals shallbe unacceptable if they aim at reducing public income or increasing the burden on the people.
- 57 -

courts can proceed hearings by basing on customs, traditions, conscience andequity.12 In the current practice, it is hardly to find Cambodian court judgments
refer to precedents except the new hybrid court, the Extraordinary Chamberwithin the Court of Cambodia,13 however precedents on arbitral awards are welldeveloped by the Arbitration Council, a quasi tribunal body that has jurisdiction
over collective labor disputes14. Whereas legal doctrines whether they are part ofCambodian laws and what are they, it is requires a thorough study in order to determine whether it is Cambodian one’s or it originates from other jurisdictions.
Legal scholars who study Cambodian laws would identify the following legal
rules deriving from competent authorities in Cambodian as primary sources of law:
The Constitution: The Constitution is the supreme law of the Kingdom of
Cambodia. All laws and decisions made by state institution must be in strict conformity with the constitution.15
Laws (Chbab): A law is adopted by the National Assembly and the Senate,
and promulgated by the King or the acting Head of State.16
Royal Decrees (Preah Reach Kret): A Royal decree is an executive regulation proposed by the Council of Ministers and signed by the King or the acting
Head of State.17
Sub-Decrees (Anu-Kret): A sub-decree is an executive regulation and usually prepared by relevant ministries, adopted by the Council of Ministers andsigned by the Prime Minister.18

12

Law on Court Organization (1993), Art.4. However, this provision no longer exists under

the Law on Court Organization (2014) promulgated by Royal Kram No. NS/RKM/0714/015
dated July 16, 2014. Article 91 the Law on Court Organization does not abrogate the Law on
Court Organization (1993), it is just states any provisions of the said law which are contrary
to the current law is null and void.
13

See details about ECCC [http://www.eccc.gov.kh].

14

Arbitration Council [http://www.arbitrationcouncil.org/en/ac-decisions/arbitral-decisions].

15

Constitution, Art.152-new-2 (1993 as amended in 1999 and 2014).

16

Constitution, Art.28-new (1993 as amended in 1994 and 1999).

17

Constitution, Art.28-new (1993 as amended in 1994 and 1999).

18

Law on the Organization and Functioning of the Council of Ministers, Art.13 (1994).
- 58 -

CAMBODIAN LEGAL SYSTEM AND LEGAL EDUCATION

Proclamations (Prakas): A proclamation is an executive regulation is at theministerial levels. It is prepared by the relevant ministries and signed by the relevant Minister(s).19
Decision (Sech Kdei Samrach): Decision is an executive regulation made by
the Prime Minister, and relevant ministers.20 Decision is also stated in article 150of the constitution. However, decision is not defined by law. In practice, there
are different types of decisions, such decision made by the Constitution Council,
decision made by the Prime Minister, and decision made by relevant ministers
and so on. Decision of the Constitutional Council is considered final and binding
decision. Therefore, it has supremacy that means all laws and regulations muststrictly conform with the decision of the Constitutional Council.
Circular (Sarachor): A circular is an administrative instruction which isused to clarify works and affairs of the ministries and it is signed by the Prime
Minister and relevant ministers.21
Bylaw (Deika): Bylaw is a legal rule approved by the Councils of Sub-National Levels. The term ‘ Council of Sub-National Levels” in this text mean the
Capital Council, Provincial Councils, Municipal Councils, Districts Councils,
Khans Councils, Sangkat Councils and Commune Councils. These Councils
have a legislative power to issue bylaws (Deikas).22
International law: According to the decision of the Constitutional Council23
international law is considered a source of Cambodian Law. All international
treaties and conventions can become Cambodian law unless it is signed and ratified by the King after a vote of approval by the National Assembly and the Sen19

Law on the Organization and Functioning of the Council of Ministers, Art.29 (1994).

20

Law on the Organization and Functioning of the Council of Ministers, Art.13 (1994). See

also Sub-decrees on Organizations and Functioning of Ministries.
21

Law on the Organization and Functioning of the Council of Ministers, Art.13, Art.29 (1994).

22

The Law on The Administration and Management of Commune/Sangkat, Art.48 (2001),

and Law on Administrative Management of the Capital, Provinces, Municipalities, Districts,
and Khans, Art.32 and Art.53- Art.61 (2008).
23

The Constitutional Council, CASE Nº131/003/2007 Of June 26, 2007, DecisionNº092/003/2007 CC.D Of July 10, 2007.
- 59 -

ate.24 Based on this text, one can argue that Cambodia adopts a dualist approach25
because all international treaties and conventions required an approval from theCambodian Parliament. However, article 31 of the constitution states the Kingdom of Cambodia shall recognize and respect human rights as stipulated in the
United Nations Charter, the Universal Declaration of Human rights, the covenants and conventions related to human rights, women’s and children’s rights.26
Based on this text, it seems that Cambodia adopts a monist approach 27 because
the constitution recognizes all these international instruments.

3. Overview of Cambodian Judicial System
This section gives an overview on the judicial system in Cambodia but not
explains procedures of each court. The judicial system focuses in this article isthe courts and the prosecution departments. Courts of all sectors and levels have
judicial jurisdiction over all cases including administrative cases.28 At present,
the Cambodian judiciary consists of the Courts of First Instance, Appeal Court
and Supreme Court. The Courts of First Instances is the lower court and the Appeal Court and the Supreme Court is the Higher Court.29 Besides these courts,
there is a Hybrid Court, which is known as the Extra-Ordinary Chamber within
the Court of Cambodia.30

24Constitution, Art.26-new (1993).

25

Rebecca M.M. Wall, International Law, London. Sweet & Maxwell, 2016, p.36.

According to the book, if a state is dualistic, international law will only become part of its
municipal law if it has been expressly adopted as such by a way of legislative act.
26

Constitution, Art.31 (1993).

27

Rebecca M.M. Wallace, supra note 25, p.36.

According to the book, if a state is monistic, if it accepts international law automatically as
part of its municipal law and does not demand an express act of legislature.
28

Law on court Organization (2014), Art.4.

29

Law on Court Organization (2014), Art.3, §1.

30

Law on the Establishment of the Extra Ordinary Chambers within the Court of Cambodia- 60 -

CAMBODIAN LEGAL SYSTEM AND LEGAL EDUCATION

3.1 The Courts of First Instance
The Court of First Instance is regulated from article 12 to article 34 of 2014
Law on Court Organization. The Court of First Instance is the first trial court
and shall be created by Royal Decree and located within the Capital and Provinces.31 The Court of First Instance is divided into specialized Courts such as
Criminal Court, Civil Court, Commercial Court and Labor Court.32 However,these specialized courts are not yet created and in practice the competent courtof respective province and the capital court hear all cases.
3.1.1 Criminal Court of the Court of First Instance
The jurisdiction of the Criminal Court of the Court of the First Instance isstipulated in article 20 of 2014 Law on Court Organization. The Criminal Courtof the Court of First Instance shall have competence to hear all criminal cases
which fall within its jurisdictional competence in accordance with the Code of
Criminal Procedures, except as otherwise provided by other law. The Criminal
Court of the Court of First Instance shall adjudicate criminal cases by one judge
or a Trial Chamber in accordance with the provisions of the Code of Criminal
Procedures.33
3.1.2 Civil Court of the Court of First Instance
The jurisdiction of the Civil Court of the Court of the First Instance is stipulated in article 21 of 2014 Law on Court Organization. The Civil Court of the
Court of First Instance shall have competence to hear all civil cases which fallwithin its jurisdictional competence in accordance with the Code of Civil Procedures, except as otherwise provided by other law.
The Civil Court of the Court of First Instance shall adjudicate criminal cases(2004).
31

Law on Court Organization (2014), Art.5 and Art.12. For Military Court, see Law on Court

Organization (1993) Art.2, § 1.
32

Law on Court Organization (2014), Art.14.

33

Law on Court Organization (2014), Art.20.
- 61 -

by one judge or a Trial Chamber in accordance with the provisions of the Codeof Civil Procedures.34
3.1.3 Commercial Court of the Court of First Instance
The term “Commercial Court” is found in the 1995 Law on Commercial
Rules and Register. However, the court has not yet been established.35 The jurisdiction of the Commercial Court of the Court of the First Instance is stipulated
from Article 22 to Article 24 of 2014 Law on Court Organization.
The Commercial Court of the Court of First Instance shall have competence
to hear all commercial cases including insolvency case in accordance with
provisions commercial procedures.36 The Commercial Court of the Court ofFirst Instance, when hearing the cases, shall be comprised of three judges andaccompanied by two advisors, who are businessmen or who have knowledge
in commercial laws where the subject matter is equal to or over 1.000.000.000(One thousand millions) Riels. However, where the subject matter is between
100.000.000 (One hundred millions) Riels to below 1.000.000.000 (One thousand
millions) Riels, the trial chamber shall consist of only one judge and accompanied by two advisors, who are businessmen or who have knowledge in commercial law.37
The judgment of the Commercial Court of the Court of First Instance isrendered by one judge or three judges after the consultation with commercial
advisors depending on the preceding paragraph. The commercial advisors do notcarry out their duties permanently in the Commercial Court of the Court of First
Instance. Commercial advisors carry out their functions at the invitation extend-34

Law on Court Organization (2014), Art.21.

35

Law on the Commercial Regulations and the Commercial Register, Art.55, (1995).

This law states during the period in which the Kingdom of Cambodia has no Commercial
Court, the ordinary courts of the Kingdom of Cambodia shall be competent in all commercial matters.
36

Law on Court Organization (2014), Art.22.

37

Law on Court Organization (2014), Art.23.
- 62 -

CAMBODIAN LEGAL SYSTEM AND LEGAL EDUCATION

ed by the President of Commercial Court of the Court of First Instance.38 The
procedures of selecting and terms of reference for the commercial advisors are
determined by a Sub-Decree upon the request of the Minister of Justice following the consultation with the Minister of Commerce.39
3.1.4 Labor Court of the Court of First Instance
The term “Labor Court” is found in the 1997 Labor Law, However, the court
has not yet been established.40 The Organization of the Labor Court of the Courtof the First Instance is stipulated from Article 25 to Article 28 of 2014 Law on
Court Organization. The Labor Court of the Court of First Instance shall havecompetence to hear all cases relating to labor in accordance with the provisions
on the labor procedures.41 The Labor Court of the Court of First Instance, when
hearing the cases, shall consist of one judge and accompanied by two labor advisors, among whom one is the worker/employee and another is the employer. The
judgment of the Labor Court of the Court of First Instance is rendered by a judge
after the consultation with labor advisors. The labor advisors do not carry out
their duties permanently in the Labor Court of the Court of First Instance. Labor
advisors carry out their functions at the invitation extended by the President ofLabor Court of the Court of First Instance.42 The procedures of selecting andterms of reference for the labor advisors are determined by a Sub-Decree upon
the request of the Minister of Justice following the consultation with the Ministerin charge of labor.43
The Competent Labor Court is the Labor Court of the Court of First In-

38

Law on Court Organization (2014), Art.23.

39

Law on Court Organization (2014), Art.24.

40

Labor Law (1997), Art.389.

The article states that pending the creation of the Labor Courts for the time being disputes
related to the application of this law shall be referred to common courts.
41

Law on Court Organization (2014), Art.25.

42

Law on Court Organization (2014), Art.26.

43

Law on Court Organization (2014), Art.28.
- 63 -

stance where the labor disputes arise. Though the competence is determined in
the above paragraph, the workers/employees may file lawsuits in Court of First
Instance as determined below, except as otherwise provided by the provisionsof other law: at his/her place of residence or at the location of head office or aprincipal place of the company or legal entity or at the place of residence of therepresentative or a person in charge of the company or legal entity, if the locationof head office or a principal place of the Company is not available.44

3.2 Appeal Courts
As explained above, the higher courts are composed of the Appeal Court andSupreme Court.
The Appeal Court is regulated from article 35 to article 54 of 2014 Law on
Court Organization. The Appeal Court is the second level of trial chamber. The
Appeal Court includes the Appeal Court in Phnom Penh and regional Appeal
Courts to be established by a Royal Decree.45
According to the law, the Appeal Court consists of Criminal Chamber; Civil
Chamber; Investigating Chamber; Commercial Chamber; Labor and other specialized Chamber to be created by Royal Decree when necessary. Each Chamber
renders its judgment(s) autonomously within its jurisdictional competence, inthe name of the Court of Appeal to which it belongs.46 Each Chamber, when
hearing the cases, shall consist of three judges, one of whom is the President inaccordance with the applicable procedures. In the event that a case is transferredback by the Supreme Court, the Court of Appeal shall adjudicate the case withfive judges all of whom did not previously adjudicate on the same case.47 TheAppellate Court reviews both Ang Het (matters of facts) and Ang Chbab (mattersof law).48 The Court of Appeal has a jurisdiction to adjudicate all cases within
44

Law on Court Organization (2014), Art.27.

45

Law on Court Organization (2014), Art.35.

46

Law on Court Organization (2014), Art.37.

47

Law on Court Organization (2014), Art.39.

48

Law on Court Organization (2014), Art.42.
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CAMBODIAN LEGAL SYSTEM AND LEGAL EDUCATION

its territorial jurisdiction, except as otherwise provided by law to fall under thejurisdiction of other courts.49
3.2.1 The Criminal Chamber
The Criminal Chamber has competence to hear Uttoh Appeals against criminal judgments of the Courts of First Instance and other cases within its jurisdictional competence in accordance with the applicable provisions on criminal
procedures.50
3.2.2 The Civil Chamber
The Civil Chamber has competence to hear Uttoh Appeals against civil
judgment(s) of the Court of First Instance within its jurisdictional competence inaccordance with the applicable provisions on civil procedures. The judgment ismade by three judges, one of them is the chairman.51
3.2.3 The Investigating Chamber
The Investigating Chamber has competence to hear Uttoh Appeals against
decisions of the investing judge and other cases as determined by law within its
jurisdictional competence in accordance with the applicable provisions on criminal procedures. The judgment is made by three judges, one of them is a chairman.52
3.2.4 The Commercial Chamber
The Commercial Chamber has competence to hear Uttoh Appeals against
decisions of the Court of First Instance in commercial cases within its jurisdictional competence in accordance with the applicable provisions relating tocommercial procedures. The judgment is made by three judges, one of them is a49

Law on Court Organization (2014), Art.41.

50

Law on Court Organization (2014), Art.43.

51

Law on Court Organization (2014), Art.44.

52

Law on Court Organization (2014), Art.45.
- 65 -

chairman. The Commercial Chamber of the Court of Appeal, when hearing thecases, shall consist of three judges and accompanied by two advisors, who arebusinessmen or who have knowledge in commercial laws and who are not thecommercial advisors to the same case previously adjudicated before the Court ofFirst Instance and the Court of Appeal. The judgment of the Commercial Chamber of the Appeal Court is made by three judges after consultation with commercial advisors. The commercial advisors do not carry out their duties permanently
in the Commercial Chamber of the Court of Appeal. The commercial advisors
carry out their functions at the invitation extended by the President of the Commercial Chamber of the Court of Appeal. The procedures of selecting and termsof reference for the commercial advisors are determined by a Sub-Decree upon
the request of the Minister of Justice following the consultation with the Ministerof Commerce.53
3.2.5 The Labor Chamber
The Labor Chamber has competence to hear Uttoh Appeals against decisionsof the Court of First Instance in labor cases and other cases within its jurisdictional competence in accordance with the applicable provisions on labor procedures. The Labor Chamber of the Court of Appeal, when hearing the cases, shallconsist of three judges and accompanied by two labor advisors, among whom
one is the worker/employee and another is the employer; both of whom are not
the labor advisors to the same case previously adjudicated before the Court ofFirst Instance and the Court of Appeal. The decision of the Labor Chamber ismade by three judges, after consultation with the labor advisors. The labor advisor do not carry out his/her duties permanently in the Labor Chamber of the
Court of Appeal. The labor advisors carry out his/her functions at the invitation
extended by the President of the Labor Chamber of the Court of Appeal. The
procedures of electing and performing duty of labor advisors are regulated by a
Sub- Decree upon the request of the Minister of Justice following the consulta53

Law on Court Organization (2014), Art.46.
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CAMBODIAN LEGAL SYSTEM AND LEGAL EDUCATION

tion with the Minister in charge of labor.54
3.2.6 The Joint Chamber
The Joint Chamber may be created by the President of the Appeal Court tohear cases fall in competence of multiple chambers or if the case has found acontroversial solution before different Chambers of the same Court of Appeal.
The Joint Chamber is conducted at the invitation of the President of the Appeal
Court. The Joint Chamber consists of at least five judges and decision of the Joint
Chamber is binding all chambers to follow. The President of the Court of Appeal
shall issue judgment in accordance with the decision of the Joint Chamber. The
decision on the conflict of jurisdiction and conflict of law is the final decision.55

3.3 Supreme Court
The Supreme Court is regulated from article 55 to article 73 of 2014 Law on
Court Organization. The Supreme Court is the highest court in Cambodia andlocated in Phnom Penh Capital56 and it has a jurisdiction to adjudicate all cases
within its territorial jurisdiction in accordance with applicable procedures.57
According to the law, the Supreme Court consists of Criminal Chamber; Civil Chamber; Investigating Chamber; Commercial Chamber; Labor and other specialized Chamber to be created by Royal Decree when necessary. Each Chamber
renders its judgment(s) autonomously within its jurisdictional competence, in thename of the Supreme Court to which it belongs.58 Each Chamber, when hearing
the cases, shall consist of five judges, one of whom is the President in accordancewith the applicable procedures.59

54

Law on Court Organization (2014), Art.7.

55

Law on Court Organization (2014), Art.48.

56

Law on Court Organization (2014), Art.55.

57

Law on Court Organization (2014), Art.61.

58

Law on Court Organization (2014), Art.57.

59

Law on Court Organization (2014), Art.59.
- 67 -

3.3.1 Full BenchA Full Bench of the Supreme Court is presided by the President of the Supreme Court and created by the ruling of the President of the Supreme Court andmake decisions on behalf of the Supreme Court. The Full Bench is composedof at least 9 justices and has authority to adjudicate (i) the second Satuk Appeal
filed against the judgments of the Appeal Court in accordance with applicable
procedures; (ii) Motions for review against the final judgments of the Courts ofFirst Instance and final Judgments of the Higher Court in accordance with theapplicable procedures, and (iii) Motion for review or retrial in case there is arequest made by the King via the Minister of Justice for review and remake a decision on any cases.60
3.3.2 The Joint Chamber
The Joint Chamber may be created by ruling of the President of the Supreme
Court to hear cases fall in competence of multiple chambers or if the case has
found a controversial solution before different Chambers of the Supreme Court.
The Joint Chamber is conducted at the invitation of the President of the Supreme
Court. The Joint Chamber consists of at least nine judges and decision of the
Joint Chamber is binding all chambers to follow. The President of the Supreme
Court shall issue judgment in accordance with the decision of the Joint Chamber.
The decision on the conflict of jurisdiction and conflict of law is the final decision.61
3.3.3 The Criminal Chamber
The Criminal Chamber has competence to hear Satuk Appeals against criminal judgments of the Appeal Court in accordance with the applicable provisions
on criminal procedures.6260

Law on Court Organization (2014), Art.62.

61

Law on Court Organization (2014), Art.63.

62

Law on Court Organization (2014), Art.64.
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CAMBODIAN LEGAL SYSTEM AND LEGAL EDUCATION

3.3.4 The Civil Chamber
The Civil Chamber has competence to hear Satuk Appeals against the judgment of the higher court and objections against the ruling on civil cases of the
Appeal Court, and Satuk Appeals against the judgments of the Courts of First
Instance and other cases in accordance with the applicable provisions on civil
procedures.63
3.3.5 The Commercial Chamber
The Commercial Chamber has competence to hear Satuk Appeals against
the judgment of the higher court and objections against the ruling on commercial
cases of the Appeal Court in accordance with the applicable provisions on civil
procedures.64
3.3.6 The Labor Chamber
The Labor Chamber has competence to hear Satuk Appeals against the judgment of the higher court and objections against the ruling on labor cases of the
Appeal Court in accordance with the applicable provisions on civil procedures.65

3.4 Prosecution Department Attached to the Courts
According to 2014 Law on Court Organization, each court of all levels shallbe attached with a Prosecutor’s Office. The Prosecutor’s Office at each Court ofFirst Instance is called the Prosecution Department attached to the Court of First
Instance. The Prosecutor’s Office at the Court of Appeal is called the Prosecution
attached to the Court of Appeal. The Prosecutor’s Office at the Supreme Court
is called the Prosecution attached to the Supreme Court. The representative(s) of
the Prosecution shall be present in all court hearings of criminal cases or othercases as determined by law.66
63

Law on Court Organization (2014), Art.65.

64

Law on Court Organization (2014), Art.66.

65

Law on Court Organization (2014), Art.67.

66

Law on Court Organization (2014), Art.8.
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3.5 Administration Body of the Courts and Prosecution Departments
With an effort to improve the court administration in Cambodia, article 10of 2014 establishes an administrative body at each court of all levels: However,
the administration of the courts and the prosecution departments are under thecentral administration of the Ministry of Justice. The administrative body at the
Court of First Instance is called the Secretariat for Administration of the Courtof First Instance and it is equal to a Department. The administrative body at the
Court of Appeal is called the General Secretariat of Administration of the Courtof Appeal and it is equal to General Department. The administrative body at theSupreme Court is called the General Secretariat of Administration of the Supreme Court and it is equal to General Department.
The budget of the courts and the prosecution of the departments is regulated
by a sub-decree and it is part of budget of the Ministry of Justice and it indicatesin a separate budget package.67

3.6 Military Court
The Military Court68 has jurisdiction only over military offenses. Military
offenses are those involving military personnel, whether enlisted or conscripted,
and which concern discipline within the armed forces or harm to military property.69 All ordinary offenses committed by military personnel are tried in ordinary courts (provincial/municipal courts).70 According to article 81 of 2014 Law

67

Law on Court Organization (2014), Art.79.

68

KOY Neam, Introduction to The Cambodian Judicial Process, the Asia Foundation, 1998, p.17.

The Military Court located in Phnom Penh is administratively, financially and logisticallyunder the Ministry of National Defense. All activities carried out by the court such as statistics of investigations and trial activities must be reported to this Ministry.
69

UNTAC Criminal Code, Art.11; see also LOAT, Art.9, § 2.

70

LOAT, Art.9, § 3; see also UNTAC Criminal code, Art.11. The Military Court consists of

Department of Prosecution, Department of a Chief Clerk, Department of Investigation, Department of Trial Judges, and a Secretariat (administrative office). All staffs are military personnel such as a President, three Vice Presidents, judges who are appointed by the Ministryof National Defense, and military defenders are appointed by the President of the Court after- 70 -

CAMBODIAN LEGAL SYSTEM AND LEGAL EDUCATION

on Court Organization, provisions related to Military Court in the existing laws
remain valid and enforced until there are new provisions.

3.7 Environmental Court or Green Court
Despite no specialized environmental court, but in 2015, Cambodian Supreme Court they formed a National Judicial Working Group on Environment byDecision No. 78/15 dated 16 February 2015 and Local Judicial Working Group
Network on Environment by Decision No. 111/15 SC.D dated 16 February 2015.71
In addition, the Cambodian Supreme Court “has collated data on environmental
cases. As of April 2015, 4,266 environmental cases had been filed. Final decisions had been handed down for 1,614 of these cases, while 2,632 cases were still
pending. Notably, most of these cases dealt with forestry offenses”.72
Environmental law is a new area of law that has recently developed and there
are not many experts and interests. From 2014, the Ministry of Environment of
Cambodia has prepared an Environmental Code and when the code is adopted
and promulgated it is necessary to create such a court since environmental law
is very technical and complicated issues and a crosscutting sector.73 Article 3 of2014 Law on Court Organization Cambodian allows a creation of the specialized
court when it is necessary.

3.8 Constitutional Council and Supreme Council of Magistracy
In addition to these courts, there are a Constitutional Council (CC)74, whichfinishing training at the Ministry of Justice.
71

The Proceedings of the Fifth ASEAN Chief Justices’ Roundtable on Environment 2015,

Siem Reap, Cambodia, pp.17-18. See [https://www.adb.org/sites/default/files/publication/209906/5th-asean-cj-roundtable-envt-proceedings.pdf].
72

The Proceedings of the Fifth ASEAN Chief Justices’ Roundtable on Environment 2015,

Siem Reap, Cambodia, pp.17-18. See [https://www.adb.org/sites/default/files/publication/209906/5th-asean-cj-roundtable-envt-proceedings.pdf].
73

The Draft Environmental Code (8th version) can be found [http://www.vishnulawgroup.

com/index.php/publications].
74

See Constitutional Council of Cambodia [http://www.ccc.gov.kh].
- 71 -

has a duty to safeguard respect for the constitution, interpret the constitution andlaws adopted by the National Assembly (and reviewed completely by the Senate), and has the right to receive and decide on disputes concerning the electionof members of the National Assembly and election of members of the Senate;75
and the Supreme Council of Magistracy, which is a judicial organ ensuring thesmooth functioning and the independence of the judiciary in Cambodia.76 It has aduty to decide and propose to the King on the appointment, transfer, leave of absence, delineation of duties, promotion and dismissal of judges and prosecutors
to all courts77 and takes disciplinary action against delinquent judges.78
Despite having different responsibilities, Cambodian judges and public prosecutors are both categorized as Chaokrom (magistrates). Chaokrom in its general
sense is a title in the Cambodian judicial system refers not only to judges who
sit at trial but also to those who hold the position of public prosecutors. A judge
involved in a trial or investigation is called Chaokrom Angkuy (Sitting judge).
A judge holding a position in the prosecutor department (Ayakar) is called Chaokrom Chhor (Standing judge).79

75

Cambodia. Const. Art.136; Art.137, § 1; Art.141.

The Constitution states CC consists of nine members with a nine-year mandate. 3 members
appointed by the King; 3 members by the National Assembly and 3 others appointed by
SCM. After promulgation of any law, the King, the President of the Senate, the President of
the National Assembly, the Prime Minister, 1/4 of members of the Senate, 1/10 of membersof the National Assembly or the courts may request CC to review the constitutionality of thatlaw. Khmer citizens shall have the right to appeal against the constitutionality of any law
through their representative or the President of National Assembly or the member of the Senate or the President of the Senate.
76

Cambodia. Const. Art.132. See Royal Kram NS/RKM/0714/017 dated 16 July 2014 on the

progmulgation of Law on the Organization and Functioning of the Supreme Council of Magistracy.
77

Cambodia. Const. Art.134.

78

Cambodia. Const. Art.133.

79

See details Royal Kram NS/RKM/0714/016 dated 16 July 2014 on the promulgation of the

Statute of Judges and Prosecutors.
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CAMBODIAN LEGAL SYSTEM AND LEGAL EDUCATION

4. Overview of Cambodian Alternative Dispute Resolution System
The solution of conflict outside the judicial system, which is known as an
Alternative Dispute Resolution (ADR) is not new in Cambodia. Cambodian people have long been solving their disputes outside the court.80 In principle, andaccording to current practice, dispute resolution outside court in Cambodia isconducted based on the following methods:

4.1 Negotiation
Negotiation is the most common form of ADR in Cambodia that parties use
to resolve disputes directly without assistance of a third party through compromise. Negotiation is allowed under Cambodian Law, for example, article 20 of
the above-mentioned Cambodian Investment Law when investment disputes
happen.

4.2 Conciliation
Conciliation or mediation is part of Cambodian Culture and Legal system.
Conciliation is traditionally conducted by the third party, namely a monk, an
Achar (knowledgeable expert) or a (prominent) person the parties trust, and a
King81 and formally it is conducted by a public officer appointed by the govern-

80

Carmen Maria Lopez Vasquez, Pre-Trial Dispute Resolution Process, 20 March, 1996, The

Cambodian Development Research Institute (CDRI), p.9.
81

The Conciliation conducted by the King is called Preah Reach Savnakar (The Royal Hear-ing). The Preah Reach Savnakar was applied before 1970. It is an extra-judicial forum or
method of reconciliation by the King where citizens can submit their civil disputes to him forsettlement. The Royal Hearing was revived in 1994 and was conducted every ten days. Fromearly April 1994 to the end of May 1994 there were 133 cases lodged for the Royal Hearing,but only 40 cases had been heard. Due to the King’s illness or for other unexplained reasons
this method has been suspended. In the Royal Hearing method the King cannot make any
decision. The Commission for Receiving Complaints for the Royal Hearing (CRCRH) is set
up to receive complaints from various sources: (i) A complaint lodged directly with CRCRH
by one or more parties whose dispute was settled by local authorities; (ii) A complaint for- 73 -

ment and the judge. In practice, a settlement of disputes through the conciliationis conducted in daily life and people never think of criminal or civil cases. If it is
not severe enough harm their interests they prefer compromise to bringing cases
to the authorities or the courts. According to the Cambodian legal framework,
conciliation is permitted and found in various laws such as Code of Civil Procedures for Civil Case82, Labor Law (Labor disputes)83, Land Law and Regulations(Land disputes)84, Law on Management and Administration of Commune andSangkat Council, Law on Management and Administration of Capital, Provinces, Khans, Municipalities and districts [local conflict] so on.

4.3 Arbitration
This section briefly explains the Labor Arbitration and Commercial Arbitration in Cambodia.
4.3.1 Labor Arbitration
Labor Arbitration is regulated under Chapter 12 of Labor Law and Prakas of
the Ministry in charge of Labor.85 Cambodian labor arbitration body is known as

warded by the National Assembly Commission or members; (iii) A complaint not processedby the court; (iv) A case already settled by the court; (v) A case finally settled by the court
but for which authorities failed to execute the judgment. After receiving a case CRCRH
sends investigators to the place where the dispute arose or settled to collect information.
The investigation report must be forwarded to the King’s advisors for screening. During theRoyal Hearing session the King hears a complete report read by a high ranking official, thenhe gives his opinion on the dispute to the parties how to get along together without causing
prejudice to either of the parties or to authorities concerned for consideration. His opinion is
not binding.
82

Code of Civil Procedures, Art.97.

83

Labor Law, Art.300-301, and 303 (1997).

84

Su-decree on the Organization and Functioning of the Cadastral Commission, Art.7-11(2002), and Royal Decree on the Establishment of the National Authority of Land Dispute
Resolution, Art.3 and Art.15 (2006).
85

Cambodian Labor Law, Art.309 (1997), and Prakas 099 on Arbitration Council dated 21

April 2004.
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CAMBODIAN LEGAL SYSTEM AND LEGAL EDUCATION

the Arbitration Council is a tripartite system composed of arbitrators from threelists, the employer’s list, the employee’s list and the government’s list or neutral list.
The Arbitration Council has handled 2684 cases from 2003- 2017 (July) according
to the statistic recorded by the Secretariat of Arbitration Council. The Labor Arbitration is compulsory but the arbitral award in non-binding. The binding award canhappen only when parties agree to choose binding or when there is no oppositionof arbitral award after eight days.86 The enforcement of binding arbitral award ismade via the Compulsory Execution under the Code of Civil Procedures.87
4.3.2 Commercial Arbitration
The commercial arbitration has been functioned and governed by the 2006
Law on Commercial Arbitration 2006. The Commercial Arbitration is operated
under the National Arbitration Center but few cases has been handled by thecenter since its creation. The commercial Arbitration is voluntary but the arbitralaward is binding. The enforcement of the arbitral award is made at the court under Code of Civil Procedure, section on Compulsory Execution.88
Cambodia ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 2001 via the Royal Kram NS/RKM/0701/10
dated 23 July 2001. Therefore, foreign arbitral awards are enforceable under
Cambodian Code of Civil Procedures.89
In addition, Cambodia ratified the Convention on the Settlement of Investment Disputes (ICSID) in 2001 via the Royal Kram NS/RKM/0601/08 dated
29 June 2001.90 ICSID pro- vides facilities for conciliation and arbitration of
investment disputes between Contracting States and nationals of other Contract-86

See KONG Phallack, Labor Arbitration Council in Cambodia: Law and Practice: Cam-bodian Comparative Law, Year Book (first Publication), 2009, pp 163-171. See [http://www.
arbitrationcouncil.org].
87

Code of Civil Procedures, Art.350(h), Art.351(2) and Art.353.

88

Code of Civil Procedures, Art.350(h), Art.351(2) and Art.353.

89

Code of Civil Procedures, Art.353.

90

The World Bank Group [http://www.worldbank.org/icsid/constate/c-states-en.htm].
- 75 -

ing States. In 2009, the Kingdom of Cambodia (Represented by the Ministry ofIndustry, Mines and Energy-Respondent) and Cambodia Power Company (Cambodian- Claimant) had a contractual dispute and the case falls under the ICSID
Convention, Arbitration Rules. The case was concluded and the arbitral award
was rendered on April 22, 2013.91 But there is a limitation of information how theaward is enforced.
In relation to the enforcement of foreign arbitral awards, William R. Wiebe,
Esq, commented that Cambodian judges seem reluctant to enforce foreign arbitration awards because (i) the judges may be unfamiliar with international
arbitration and with their responsibilities under the New York Convention; (ii)
They may feel that it is unfair to enforce a foreign arbitration award in Cambodia(especially if the award is against a Cambodian business or national); (iii) They
may believe that the dispute should have been brought to the Cambodian courts,
and they may not want to enforce the award in order to penalize the party for not
coming to the Cambodian courts first, instead of arbitrating the dispute abroad;(iv) They may be uncertain of the authenticity of the award and may think that
it was obtained by persuading the party through fraud or corruption even when
there is no evidence.92 Consequently, in current practice, there is no statistics ofarbitral awards enforced by the Cambodian Court.

5. Cambodian Legal Professions
Cambodian legal professions officially came into existence in 1932 throughthe Royal Declaration No.32 dated March 15, 1932 and Royal Kram No. 648
dated March 30, 1951.93 Traditionally, people who practiced laws were called
91

ICSID CASE NO. ARB/09/18 [https://icsid.worldbank.org/en/Pages/cases/ConcludedCas-

es.aspx?status=c].
92

William R. Wiebe, Esq. Alternative Dispute Resolution and Commercial Arbitration in theKingdom of Cambodia, the Faculty of Business, Phnom Penh, 1996, p.36.
93

Bar Association of the Kingdom of Cambodia, Legal Profession in Cambodia, 2005, p.14.
- 76 -

CAMBODIAN LEGAL SYSTEM AND LEGAL EDUCATION“Sma-Kdey” or “Neak Thak Nay Kdey”94 which means lawyers in present day.
The current legal profession is a product of the country’s turbulent history and
it is an independent and autonomous profession involved in serving justice andmay only be pursued from within the framework of the Bar Association of theKingdom of Cambodia (BACK).95 BAKC was established in 1995 and its governing body is called the Bar Council which is composed of a president andmembers and assisted by the secretariat. The President is elected for a term of
two years. The members of the Bar Council are elected by registered lawyers fora term of three years.96
The Law on the Bar Association provides two gateways97 to enter the legal profession in Cambodia, one through the training at the Lawyer’s Training
Center98 and the other through the two -year working experiences in legal fields.99
According to the Law on the Bar, apart from those lawyers who are membersof the Bar Association, no one may perform this profession or provide legal consultation or prepare legal documents for compensation, except when such legal
consultation or preparation of documents is an ancillary job to their profession oris a function permitted by law.100
Foreign lawyers can practice laws in Cambodia only with an authorizationfrom the Bar Council. This authorization will depend on the sufficiency of qualifications of the foreign lawyer and will only be granted when the country of origin of the foreign lawyer provides this same possibility to Cambodian lawyers.
This authorization may be withdrawn if there is malpractice during the practiceof the legal profession in the territory of the Kingdom of Cambodia.101

94

Id., p.14.

95

Law on the Bar Association of the Kingdom of Cambodia, Art.1 (1995).

96

Bar Association of the Kingdom of Cambodia, supra note 93, Ch.5, pp.71-84.

97

Bar Association of the Kingdom of Cambodia, supra note 93, Ch.4, pp.55-70.

98

Law on the Bar Association of the Kingdom of Cambodia, Art.31 (1995).

99

Law on the Bar Association of the Kingdom of Cambodia, Art.32 (1995).

100

Law on the Bar Association of the Kingdom of Cambodia, Art.4 (1995).

101

Law on the Bar Association of the Kingdom of Cambodia, Art.6 (1995).
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Legal Practicing structure in Cambodia can be classified into a solo law practice (Sole Proprietorship) and group practice (Law Office or Law firm).102 According to the Law on the Bar, The Cambodian Law Firm must have a characterof a civil company in which all of its members are lawyers.103 However, the term
“civil company is not defined by law, lawyers’ office is called “Law Office, Law
Firm or Law group”. Any individuals or entities other than lawyers are not permitted to use the term “Law Office, Law Firm or Law group”.104 Comparing withcountries in the region and recent years of structural changes in legal profession
as a part of the liberalization of legal services, there is an urgent need change theCambodian Law on the Bar to meet and reflect the changes and requirements ofWTO. For instance, in Singapore.
Law firms which were traditionally operating in a sole proprietorship or
general partnerships were allowed to practice as limited liability partnership andlimited companies.105

6. Legal Education
In Cambodia legal education process is divided into two phases: one is legal
education at the faculty of law and the other is that at the professional school.
After students finish a high school, they can immediately start studying at a university, faculty of law. In university, there are three levels of program: bachelor,master and doctoral program (professional degree and research degree) under the102

Law on the Bar Association of the Kingdom of Cambodia, Art.46.1 (1995).

Article 46 states Lawyers may practice their profession individually or within the context ofa group of a Law Firm which is lawfully established.
103

Law on the Bar Association of the Kingdom of Cambodia, Art.46.2 (1995).

104

Bar Association of the Kingdom of Cambodia, supra note 93, Ch.6, pp.85-96.

105Charles Lim Aeng Cheng, Secretary - General, ASEAN Law Association (2003-2006),

Legal Systems In ASEAN–Singapore Chapter 6 - The Legal Profession. See [http://www.
aseanlawassociation.org/papers/sing_chp6.pdf].
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CAMBODIAN LEGAL SYSTEM AND LEGAL EDUCATION

regulation of the Ministry of Education, Youth and Sport. These programs areprovided by national universities and private universities. In terms of language, avariety of programs are provided mainly in Khmer language, but some programs
are taught in foreign languages such as in English, French and Japanese. Becauseof the limited resources, this paper explains only the legal education programof Paññāsāstra University of Cambodia, Faculty of Law and Public Affairs(PUC-FLPA).
Paññāsāstra University of Cambodia is a private university. Its law school is
newly set up in 2002 and all courses are taught in English. In Cambodia somelaw schools use the semester system based on the French system and the otherlaw schools use the credit system. PUC-FLPA uses the credit system. Students
need to acquire 130 credits for the bachelor program, 54 credits for master’s
degree, and 54 credits for L.L.D/ Ph.D. in law. The standard credit is one course
has 3 credits and duration of the course is 48 hours.
For the academic year, which is important for the regional cooperation, mostlaw schools have only two terms, but Paññāsāstra university of Cambodia has
three terms.
There are three practical courses taught at PUC-FLPA at the moment: (i)Client consultation and practice; (ii) Contract writing; and (iii) Clinical program.
Client consultation and practice aims to train law students who want to workat the law firm and pursue their study at a professional school and to becomea judge or the lawyer. Contract writing is for students who wish to work in theprivate sector either the law firm or the company. Clinical Programs is set up at
PUC-FLPA aiming at providing a practical opportunity for the students. One ofexample of Legal Clinic Program is a community legal education program wherestudents can study and teach law for the community members and also for thehigh school students.
Students who study at the third year of the law school can sit for a Court
Clerk Examination to become the court clerk. It is one-year program divided into
6-month study and 6-month practice. For other legal professions such as judge,
prosecutor, lawyer, bailiff, and notary, students need to have at least a bachelor’s- 79 -

degree before they are eligible for sitting for an examination to enter each school.
If students passed such an examination, they need to study for 1 year and practice for 1 year before they can become a judge, a prosecutor, a lawyer or a bailiff.
The longest duration of legal profession a notary public where students need to
study for 2 years and practice for 6 months after obtaining a bachelor’s degree.
As for the teaching methodological approach, in Vietnam the legal education
is focused on the application of legislation. In Japan the legal interpretation isconsidered to be most important. PUC-FLPA has adopted the hybrid approachcomposed of legal application and the legal interpretation. There is no court
judgments for students to study, but the make-up case is developed for students
to use their legal knowledge and try to interpret the law and apply it to the case.
But for labor case, there are a lot of arbitral awards on public for students tostudy. One of example of teaching business law methodology developed by me iscalled” Applied Business Law”. In this case, students have to develop a businessproject in compliance with Cambodian laws and regulations. This is a form ofassessment how students learn business law. After learning the course, students
are required to present their business project in the format of client consultationand submit a business project report. Students are free to choose any projects
they are interested such as coffee shops, restaurants, schools, microfinance institutions, real estate agencies, bakery shops, etc.
As far as the standard of legal education is concerned, the quality is still an
issue and the number of problems remain such as insufficient financial resources,
management support, teaching resources and facilities; promotion of researchand students’ interests; and identification of national legal education policy.
In conclusion, legal system and legal education in Cambodia is at the crossroad because different legal cultures have been integrated, transplanted andtransformed into Cambodian system which can be called a hybrid system. Therefore, there is a need to conduct a baseline survey on legal reform in Cambodia to
identify gaps, strength, weakness and errors of the current amalgamation of thedifferent systems in order to harmonize all established laws and their enforcement mechanisms.
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Chapter 5

LEGAL EDUCATION AT THE FACULTY OF
LAW AND POLITICAL SCIENCE,NATIONAL UNIVERSITY OF LAOS
Viengvilay Thiengchanhxay*(National University of Laos)

1. Current Status of Legal Education in the Faculty of Law and
Political Science, National University of Laos

1.1 Background of the Faculty of Law and Political Science
As the Lao People’s Democratic Republic (Lao PDR) continues to implement the New Economic Mechanism (NEM) initiated in the mid-1980s andgoes through a period of major social change there is an extensive need for welltrained judges, lawyers and prosecutors. There is also a need for trained lawyers
to cope with the opening up of Laos to international investment as well as otherforms of external contacts, and to strengthen and modernize the rule of law under the government of Laos.
In 1986 the first national law school was founded in Laos, the Vientiane Law
School (VLS). It was placed under the administration of the Ministry of Justice
and was not connected to any university. By 1997 the VLS had been integrated* Associate Professor, Dean of the Faculty of Law and Political Science, National Universityof Laos.
- 81 -

into the ordinary university system under the Ministry of Education. Today the
Faculty of Law and Political Science (FLP) is one of thirteen faculties of the
National University of Laos (NUoL). The history of legal education in Laos istherefore very short comparatively speaking. Many of the older lawyers received
their training either in France or in the former Soviet Union. Some of the younger lawyers as well have been trained abroad, either in Thailand, Australia, theUSA, or Europe, but they are still rather few.
Today in Lao PDR, two of the five public universities1 are offering degrees inlaw: the National University of Lao PDR (NUoL), in the central part of the Vientiane capital, and the University of Champasak which is based in the southernpart of Laos, in Champasak province. The Faculty of Law and Political Science(FLP) was established as part of the National University in 1997, and remains
the most important in terms of number of graduates as well as teachers. Currently FLP has 90 academic staff and more than 1500 students.2 The number ofstudents within the FLP has significantly increased over the last few years witharound 600 graduates in higher legal education every year.
FLP offers five Bachelor programs: Criminal, Civil, Business Law, International Relations, and Political Science. In addition, there are four Master programs also offered at this Institution.
The academic and administrative staff, as well as the students, of FLP Vientiane and FLP Champasak are among the direct beneficiaries of these programs.
There is no question that FLP Vientiane remains the leading legal university
institution in the country and that many of the other schools make use of FLP
curriculum and learning materials, especially as the main means of recruitment
to other faculties. Substantial progress has been made within FLP Vientiane andit is now time to apply the lessons learned through further involvement with FLP
1

In Lao PDR now, Five Public Universities: National University of Laos (in Vientiane Cap-ital); Souphanouvong University (in Louang Prabang Province); Champasack University (inChampasack Province); Savannaket University (in Savannakhet Province) and University of
Health Science (in Vientitane Capital).
2

Statistic from the Academic Affairs division of student enrolment of the year 2015-2016.
- 82 -LEGAL EDUCATION AT THE FACULTY OF LAW AND POLITICAL SCIENCE, NATIONAL UNIVERSITY OF LAOSChampasak. This could be facilitated through simple internships where teachers
spend time with peers at FLP Vientiane and through participation of teachers
from FLP Champasak in training programs that are being organized. Besides the
FLP study program, a higher diploma in law is offered by the National Instituteof Justice (NIJ), but the objective of NIJ is to train judges, prosecutors and lawyers for the country.
The Research and Training Institute of the Supreme Court and the Research
and Training Institute of the Prosecutor’s Authority provide continuing education
programs for new court and prosecutor office staff.

1.2 Study Programs at FLP
1.2.1 Bachelor’s Degree Program (LL.B)
The FLP is the only legal institution in Laos which offers a Bachelor’s degree
program. The courses are for 150 credits over a period of four years. The academic year starts in September. The entrance examination is organized by the
National University every year in mid-August. The students cannot acquire thedegree even if they have the required number of credits unless they pass the final
thesis defense and acquire field practice certification.
1.2.2 Master’s Degree Program (LL.M)
The Master’s degree program at FLP is a two-year course with two different periods of commencement, either in October or in March. At present, four
Master’s courses are offered for 20 students each in Master of Law, Master of
Administrative Law, Master of Business Law, and Master of International Law
programs. The last is offered in French in collaboration with the French university, Lyon III.

1.3 The Study Method
FLP promotes lifelong learning and also encourages students to undertake
independent learning. Students are urged to be creative, to use their knowledge,
capacity, and experience in real practice, and to integrate their knowledge and- 83 -

skills from various academic courses and learning experiences for additional
independent learning outside of the classroom. Besides this, the FLP also provides an environment and facilities for students to study and do research, such asa modern and up-to-date library and reading rooms, computer rooms, and wi-fi
facilities.
In order to make teaching and learning processes effective, teachers use
teaching and learning strategies that are student-centered. In this process, theytrain students in the skills for discovering knowledge on their own. Students canuse the knowledge they acquire and will be more responsible in undertaking independent study. They are assigned topics or problems to solve together so thatthey will consult each other and participate in solving these problems. Teaching
methods that are used in FLP are lectures and practical activities (exercises).
(1) Lectures
All teachers must have a syllabus and must explain it to their students. In
their lectures, teachers must teach in accordance with pedagogic principles anduse up-to-date teaching and learning media such as PowerPoint, videos, and images.
(2) Practical activities
Teachers assign topics or problems and students study and do research ingroups (called group study) or on their own. After this, students make presentations on their findings or write a report (course project). In the presentations
there are discussions in which students seek solutions and conclusions together
in order to have unanimous understanding of the topic. With the above teaching
and learning methods, students are able to transform learning by memory into
learning by critical thinking, problem analysis and problem solving.
(3) Student assessments
Student assessments are done in a variety of ways including exams, reportwriting, group or individual topic presentations, and question-answer sessions in
the classroom.

- 84 -LEGAL EDUCATION AT THE FACULTY OF LAW AND POLITICAL SCIENCE, NATIONAL UNIVERSITY OF LAOS

(4) Clinical Legal Education (CLE)
Clinical Legal Education (CLE) is a progressive educational system mostoften implemented through a university-based law program to help develop better-trained, more socially conscious, pro bono-minded lawyers and graduates. It
further helps in raising community legal awareness and empowerment throughcommunity legal education models. When such programs are developed on alarge scale they make a clear and significant contribution to greater access to justice and the rule of law. Over the past few years, BABSEACLE and/or the FLP
CLE have been in discussion with other universities in Laos on ways and means
to establish CLE program initiatives. As a result, FLP CLE is planning to help
expand and support a nationwide development of CLE with other universities
throughout the country. This will also help to institutionalize CLE as a core partof legal education throughout Laos.
(5) Student-centered approaches
Besides lectures and seminars in classes, students are also encouraged toundertake student-centered learning in the form of group study, role playing,practice, and presentations, as well as independent learning via the Internet,
especially through the legal English program at [http://quizlet.com/] where students can learn online English for Specific Purposes, such as legal terms and IR
terms. In addition, students can join clubs at FLP that focus on specific areas thatthey may find interesting in such areas as: gender, Asian law, human rights, community development, debate, etc.
In order to assure the quality of the teaching and learning processes, there
must be adequate teaching and learning strategies. Therefore, the FLP gives highimportance to teaching and learning strategy. This is shown by teaching andlearning strategies that are student-centered and by the use of problem-solving
as the basic methodology of legal teaching.

- 85 -

2. Challenges
The legal education in Laos compared with the other ASEAN countries isvery young and weak. It was a significant change in Laos education over thelast decade when Lao PDR began to implement the United Nations Millennium
Goal and Legal Master Plan (2009). According to the 8th Economic and Cultural
Development Plan for 2016–2020, Lao PDR is to become a state with a median
GDP of 3190 USD per person (1.6 times the 1970 USD of 2015) and a developing
country by 2020.
There are some challenges for Lao PDR now and in the near future:- Increasing the quality of legal education- Improving the study environment for students- Encouraging international exchanges of both professors and students(1) Capacity Building- Government funding for educational infrastructure- Human resources (professors and students)- Teaching methodologies and skills- Teaching materials- Language skills (English)- Curriculum (inappropriate)- ‌Low research skills of professors and students and also low incentive tosupport- Computer and Internet skills(2) Academic environment- Insufficient knowledge resources
a. Databases, e-books, internet support
b. Self-study centers for students
c. Student tutoring support- Social welfare support- 86 -LEGAL EDUCATION AT THE FACULTY OF LAW AND POLITICAL SCIENCE, NATIONAL UNIVERSITY OF LAOS

(3) International cooperation- Language skills of professors and students (English)- Limitation of funding support- Cooperation management- Academic credit transfer with other universities

3. The Need to Improve Legal Education in Laos
Legal education provides a key to justice. Laos must learn from the past andlook forward to the future. The strengthening of legal education and training willlead to improved legal higher education and strengthened institutional capacitywith the following results:- Improved professional and language skills of teaching staff- New curricula complying with ASEAN standards and requirements- Enhanced competencies of targeted teachers and practitioners- Improved management and governance of the FLP and FLA- ‌Improved technical and pedagogical knowledge of faculty teachers, to beachieved through strengthened professional networks, increased access tolegal materials, provision of legal training and re-training, focus on pedagogical methods, strengthened language proficiency, improved computer
skills, and support for the research carried out by FLP teachers- ‌Improved student motivation, to be achieved through improved living conditions and learning/teaching facilities- ‌Improved management and administration, to be achieved through training
programs
This kind of capacity-building must be made a priority, but improving thelegal education will be complex.

- 87 -

4. Conclusion
Lao PDR has been a member of ASEAN since 1997 and of the AEC since
the end of 2015. There is expected to be very significant influence of ASEAN on
legal education in Lao PDR in the following areas.
• ‌Promoting and improving legal education in Lao PDR to meet ASEAN andinternational standards• ‌
Developing curricula, human resources, methodologies, facilities andstrengthening incentives for both lecturers and students• ‌Deeping cooperation with ASEAN and other countries• Acquiring‌government policy support
University legal education will play a very important role in resource development in the fields of law and justice as Lao PDR strives for the rule of law.

- 88 -LEGAL EDUCATION AT THE FACULTY OF LAW AND POLITICAL SCIENCE, NATIONAL UNIVERSITY OF LAOS

Documents

STRENGTHENING THE RULE OF LAW
THROUGH LEGAL UNIVERSITYEDUCATION IN LAO PDR
By Assoc.Prof. Viengvilay Thiengchanhxay,
Dean, Faculty of Law and political Science
National University of Laos

1
STRENGTHENING
THE RULE OF LAW
THROUGH LEGALUNIVERSITY EDUCATIONIN LAO PDRIntroduction• Laos is the least developed Asian landlocked country, surroundedby China in the north, Burma (Myanmar) to the north-west, Thailand
in the south-west, Cambodia in the south-east, and Vietnam to theeast.
• Population 6,5 Millions people• Capital: Vientiane• ASEAN membership since 1997
• AEC: 31 Dec.2015

2
Introduction

3
ASEAN Member Countries- 89 -

Documents

Asean Summit on Education• Asean Summit was adopted the ASEAN Declaration on
Strengthening Education for Out-of- School Children and Youth• Adopted the ASEAN Work Plan on Education 2016-2020 which
Education for Sustainable Development,
higher education development and quality assurance mechanisms,
university-industry partnership, and capacity building for teachers
and the education community,
pledging that no one will be left behind.
These important documents acknowledged equitable opportunities
to quality education and deepened education partnership among
ASEAN Member States.

4
ASEAN Summit on Education

HISTORY BACKGROUND• In 1986 the first national law school was founded in Laos - theVientiane Law School (VLS).
• By 1997 the VLS was integrated to the ordinary university system,
under the Ministry of Education.
• Today the Faculty of Law and Political Science (FLP) is one of
twelve faculties of the National University of Laos (NUoL).

5
History Background

THE LAW FACULTIES TODAY• Two of the five public universities are offering degrees in law:
National University of Lao PDR (NUoL)
University of Champasak• FLP has 90 academic staff and more than 1500 students.
• Around 600 graduates in higher legal education every year.
• FLP provide 5 Bachelor Programs: Criminal, Civil and Business Law,
International Relations and Political Science.
• Four Masters programs: Law, Business Law, Political Science,
International Law with Lyon III(France)

6
The Law Faculties Today- 90 -LEGAL EDUCATION AT THE FACULTY OF LAW AND POLITICAL SCIENCE, NATIONAL UNIVERSITY OF LAOSOTHER LAW INSTITUTES• National Institute of Justice (NIJ) provides higher diploma of law
degree. Nevertheless, the objective of NIJ is training to be theJudge, prosecutor and lawyer for the country.
• The Research and Training Institute of Supreme Court and the
Research and Training Institute of the Prosecutor’s Authority
provide a continuing program for new staff of the Court andProsecutor’s Office and short term of specific training program.

7
Other Law Institutes

Prosecutor Institute
Judges Institute
Theory = 10 %Practice= 90 %​NIJ
Theory= 40 %Practice= 60 %FLP
Theory= 80 %Practice= 20 %8

THE TERM OF STUDY
Higher Diploma : 3 years
Continuing LLB program: 2 years
LLB program : 4 years
1 year: 2 semester, field practice 2 months
LLM program: 2 years

9
The Term of Study- 91 -

Documents

STUDY METHOD
Teaching and learning forms that are used in FLP are lectures andpractical activities (exercises).
Lecture hours:• All teachers shall have a syllabus and should explain it to students.
In the teaching hours teachers shall teach in accordance withpedagogic principles and use up-to-date teaching and learning
media such as PowerPoint, Video, Images and others.
Practical hours:• Teachers give topic or problems and students shall study and do
research by groups (called group study) or by personal study andresearch. After this, the students shall make presentation on theirstudy findings or shall write a report (course project). In thepresentation there are discussions, finding solutions andconclusions together in order to have unanimous understanding on
the topic.

10
Study Method

OTHER METHOD OF STUDY
CLE activities: Clinical Legal Education (CLE) is a progressive
educational system most often implemented through universitybased law program to help develop better-trained, more sociallyconscious, pro bono minded lawyers and other graduates. It further
assists in the raising of community legal awareness andempowerment through community legal education models.
Student centered method: Besides of lectures and seminars inclasses students are also given the guidance of student-centeredlearning, through which students play important role of studying bygroup study, role play, practices, presentation as well as independent
learning via internet access with especially Legal English program

11
Other Method Of Study

The challenges in the legal sector• The qualify lawyer(limited)• Improvement of Education and training• The laws/Law enforcement• Good Governance /Administration Transparency• The cooperation

12
The Challenges in the Legal
Sector- 92 -LEGAL EDUCATION AT THE FACULTY OF LAW AND POLITICAL SCIENCE, NATIONAL UNIVERSITY OF LAOS

THE NEED TO IMPROVE IN THE LEGAL EDUCATION Capacity building: upgrade the professional and language skills ofteaching staff;• New curricula complying with ASEAN standards and requirements
are developed;• Competencies of targeted teachers and practitioners are enhanced;•
Management and governance of the FLP and FLA are improved;•
Improved technical and pedagogical knowledge among facultyteachers.
•
Improved student motivation, to be achieved through improvements ofliving conditions and learning/teaching facilities.
•
Improved capacity in management and administration. To be achieved
through training programs.

13
The Need to Improve in the
Legal Education

14
Setting SMART Objectives

The continuation of the strengthening of legal
education and training
The continuation of the strengthening of legal education andtraining, which should lead to improved legal higher education andstrengthened institutional capacity through the following results:- new curricula complying with ASEAN standards and requirements
are developed;- competencies of targeted teachers and practitioners areenhanced;- management and governance of the FLP and FLA are improved.

15
The Continuation of
the Strengthening of Legal
Education and Training- 93 -

Chapter 6

THAI LEGAL EDUCATIONIN UNIVERSITIES

Dr. Noppadon Detsomboonrut*(Thammasat University)

1. Background of Thai Legal System
Good morning ladies and gentlemen. My name is Noppadon Detsomboonrut,
Assistant to the Dean, Faculty Law, Thammasat University, Bangkok, Thailand.
Allow me to briefly introduce to you the background of the Thai legal system.
The Thai legal system is characterized as a mixed system because first, in termsof structure, it is constructed as civil law. If you look at Article 4 of the Civil andCommercial Code which provides that: “Any law shall be applied to questionsof a case for which such law contains a provision, in accordance with the letteror spirit of law of such provision. In the absence of any provision that may apply
to the questions of a case, it shall be adjudicated in accordance with the customsof the locality, and in the absence of such customs of the locality, the questionsof the case shall be adjudicated by analogy with the most nearly applicable pro-* Assistant to the Dean, Faculty of Law, Thammasat University, Thailand; LLB (1st Honours), Chulalongkorn University; LLM, Thammasat University; LLM (Upper Second- class
Honours), University of Cambridge; Ph.D. in Law, University of Edinburgh.
- 95 -

vision, and in the absence of such provision, the questions of the case shall be
adjudicated by general principles of law.” Accordingly, the primary source oflaw of the Thai legal system is written law. Therefore, in terms of structure, theThai legal system is civil law. However, the Thai legal system has been heavily
influenced by common-law tradition because, inter alia, the historical reason
that in the era of King Rama V, in order to fight against the attempt to colonize
Thailand by powerful western countries, he sent some of his children and otherroyalties to be educated in common-law countries such as the UK and the US.
Also at that time, many law scholarships were provided for students to study incommon-law countries. Thus, at the beginning of the development of the modern
Thai legal system, people who had common-law background played vital roles
in building Thailand’s modern legal system. This was how common-law legal
practice was initially embraced in Thai jurisprudence and it has influenced legal
practices in Thailand since then. The patent example of common-law culture is
the strict adherence to the Supreme Court’s decisions by Thai courts. Thus, thisis the reason why Thailand is a mixed system; therefore, in terms of structure,
the Thai legal system is a civil law system, but Thai courts have a practice of following earlier precedent very strictly. This has, however, led to a very awkward
situation as although the rulings of the Thai Supreme Court are strictly followed,
the Supreme Court tends not to elaborate the reasons for its decisions in a very
illuminating fashion, unlike how supreme courts in common-law jurisprudences
typically deliver their judgments. This creates difficulties for students because,
although they realize that they need to know at least very important decisions of
the Supreme Court to excel in their examinations, they cannot fully understandthe rationales behind the decisions. The result is the weakness of the Thai legal
educational system, especially in professional level examinations, namely theThai-Barrister examination, the judge recruitment examinations, as well as theprosecutor recruitment examinations, because decisions are memorized rather
than understood, due to the lack of adequate and appropriate elaborations.

- 96 -

THAI LEGAL EDUCATION IN UNIVERSITIES

2. Thai Educational System in General
Because of the time restrain, let me swiftly move to briefly discuss the general picture of the educational system in Thailand. The highlight that I would
like to make here is that there are two main channels by which students can get
admitted to universities.
The first channel is the National University Admission Examination which isthe central one, and another channel is the direct-intake processes of individual
institutions. There exist criticism that the quality of the examination questions of
the central National University admission examination are unsatisfactory. Generally, they do not correspond to the contents taught in secondary schools, nor dothey provide the necessary foundations for university education.
This leads to the problem that students admitted into university cannot
deeply engage in multidisciplinary subjects due to their lack of foundation in thesubjects of philosophy or other relevant fields of knowledge. For example, when
we teach legal philosophy, it is difficult to get into details because a number ofstudents do not have adequate information relating to what important philosophers have proposed. Accordingly, we have to spend time building the generalknowledge of their thoughts and theories rather than engaging in deep debates.

3. Thai Legal Educational System
Moving to the Thai legal education system, after completing an LL.B. degree, students who would like to further their academic pursuit can choose to
apply for LL.M. and Ph.D. programmes. Added to this, there are two important
professional trainings or courses in the Thai legal education system. The first isa one-year course for the Barrister in law Examination. Although, this course
is not a requirement for sitting the Thai Barrister Exam, generally students will
- 97 -

enroll in this course in order to prepare themselves for the examination. The other one is the lawyer license examination. This is a requirement for people who
would like to acquire a lawyer license to practice in the Thailand Jurisdiction.
For people who would like to have a career as a judge or a prosecutor in Thailand, there are three different types of examinations for the recruitment of judges
and prosecutors — a general round, a small round and a special round. All three
examination types require a bachelor degree in law, being admitted as a barristerat law, and working experience. Those who would like to take the small round,have to earn a two-year Thai master degree in law. For the special round, people
need to get a two-year Master of Law degree abroad in order to be eligible to sit
the examination. One repeated criticism regarding judge and prosecutor examinations is that the successful rate of special intake is disproportionately higher
than the other two types of intake, allegedly resulting in discriminatory practices.

4. Thai Legal Educational System in Universities
After seeing the whole picture of Thai legal education, allow me to discuss
Thai legal education in universities. As a member of Thammasat University,
Faculty of Law, I will use Thammasat’s law curriculum, on which many other
Thai universities’ law curriculums are modelled, as the focus of this discussion.
Law students have to enroll in general education courses for 30 credits and thenthey have to enroll in compulsory law courses for 87 credits. If they would liketo attain a minor or specialization, they have to take specialized subjects for 18
credits, and finally, there are 6 credits of elective courses which allow students tochoose whatever courses are offered in the university.
Altogether they have to study 141 credits at minimum to attain their degrees.
This is considered too many and in turn, reduces the time that they can spend- 98 -

THAI LEGAL EDUCATION IN UNIVERSITIESdeveloping their creativity as well as preparing materials for classes. As a result,students attend lectures unprepared, just listening to the lecturers and taking
notes with a low level of active participation. However, there is a new LL.B. in
Business Law programme in English at Thammasat University with the numberof the minimum credits required decreased from 141 to 125 credits comparedto the Thai LL.B. programme. Many still have the perception, however, that theminimum credit requirement of the LL.B. programme is still too high.
Based on the general background I have provided before, let me address the
problematical issues in Thai legal education in universities by dividing them into
two categories — problems of the Thai general educational system and problemsof the Thai legal education system.
The first consists of issues related to the general educational system. To begin with, there is the issue of the Thai educational culture. It is argued that thecultural environmental context in Thailand does not encourage people to develop
creativity and critical thinking because Thais have a strong culture that requires
juniors to pay solemn respect to their seniors. Added to this, because teachers areculturally revered figures, it is rare for students to make comments on the contents of the lessons teachers or lecturers provide. Another reason is that there isalso a common perception of students that it is taboo for them to make a mistakein class. Even when they excel in class, they have the feeling that this will attract
too much attention and, most of the time, it’s not positive attention. Accordingly,
students are not willing to participate in classroom activities and it’s difficult topersuade them to do so. I think that we share this culture as a general Asian culture in terms of studying. This problem becomes obvious when Asian students
go abroad to study in western countries where local students are very familiar
with active learning methods. Then, there is the lack of foundational knowledge
that I discussed before. Because pre-university education is not quite of an appropriate standard, students lack basic understanding of other relevant fields, such as
the social sciences, humanities or philosophy. Hence, students cannot engage in- 99 -

very sophisticated multi-disciplinary topics because they generally lack the necessary information to do so. Finally, there is the problem of the quality of central
National University admission examinations that I have mentioned before. Also,
Thailand is quite different from Japan in that teaching careers in Thailand do not
attract many people. Thus, there is a lack of competition that probably contributes to the problem of the quality of the teachers.
Moving to the specific issues of the legal education system, I believe that I
have said Thailand is a mixed system. Due to the common-law influence, Thai
courts follow early decisions strictly. However, judges tend not to apply anotheressential aspect of common-law culture, which is that the legal reasoning behind decisions are elaborated extensively and in depth by the judges in order topersuade the audience to agree with their decisions as such decisions will set
precedence for future cases. Thus, in Thailand, the contents of judicial rulings
are generally not adequately elaborated, making it difficult for students to fully
understand the judgments, especially in hard cases. They know, however, that to
be a successful lawyer, they have to know and understand important decisions byhearts. For example, questions in the barrister at law examination and the judges
or persecutors examinations relate to facts that are similar to cases actually decided by courts, so students need to know what has been decided, even though
they do not understand fully the reasons behind the judgments.
The next issue is that some people think there are serious problems caused
by too-much politicization of judgments in Thailand. This means that in somesituations judges exercise their power to make a judgement in order to forward
their own political ideology, especially when it comes to controversial issues
regarding interpretation of the Thai Constitution, Thus, it is very challenging forstudents to grasp what the real reasons are behind individual judgments because
sometimes courts do not build a decision on legal reasoning or political theory,but on the political outcome.

- 100 -

THAI LEGAL EDUCATION IN UNIVERSITIESGenerally law curriculums in Thailand require too many credits for compulsory courses, as I have noted before, is another issue that Thai law schools areattempting to solve. We think that a higher level of participation in class is desirable for students and they need more time to prepare materials and to articulate
their own opinions. If they don’t have time to study or to create their own ideas,
they cannot come out with their own ideas and it will be difficult to apply more
active learning styles in this country. Also, students need to develop themselves
in other aspects apart from making academic progress.
I think I have run out of time so I just would like to wrap up my section.
There is an on-going reform of the LL.B. curriculum in Thailand right now thatis expected to be implemented from at the 2018/2019 academic year. This reformis being drafted in cooperation by Thai law schools nationwide as they aim to fix
the problems that I have discussed. So that is the end of my presentation. Thankyou very much for your attention.

- 101 -

Documents

Noppadon Detsomboonrut (PhD)
Assistant to Dean, Faculty of Law,
Thammasat University,

1

Bangkok, Thailand

THAI LEGAL EDUCATIONIN UNIVERSITIES I. Introduction to Thai Legal System
 II. Thai Educational System
 III. Thai Legal Educational System VI. Thai Legal Education in Universities

2
Outline of the Presentations

3- 102 -

THAI LEGAL EDUCATION IN UNIVERSITIES Thai Legal System as a mixed System

I Constructed as a Civil Law System:
Article 4 of Thai Civil and Commercial Code: “Any law shall be applied toquestions of a case for which such law contains a provision, in accordancewith the letter or spirit of law of such the provision.
In the absence of any provision to apply to a question of a case, it shall be
adjudicated in accordance with customs of the locality, in the absence ofsuch customs of the locality, the question of the case shall be adjudicated byanalogy with the most nearly applicable provision, and in the absence of suchprovision, the question of the case shall be adjudicated by general principlesof law.”
 II But Strongly influenced by Common Law Traditions:

1. Historical Reasons
2. Practice of Judicial Bodies

53
Introduction to Thai Legal
System Political System: Currently: Military Government: Normally: Democracy with
Constitutional Monarchy Judicial Branch Structure:

4
Introduction to Thai Legal
System

I. the Constitutional Court
2. the Courts of Justice,
3. the Administrative Courts
4.the Military Courts.

- 103 7

Documents

Kindergarten

Elementary School (6 Years)

Vocational
SchoolLower Secondary School (3 years)

Upper Secondary School (3 year)

National University Admission Examination/Direct Intakes

University (LLB Programme)

95
Thai Educational System

6
Thai Legal Educational
System

LLM/PhD

LLB

One Year Course forBarrister-at-Law Examination

Lawyer License Examination

Judges/Prose
cutorsLawyers- 104 11

THAI LEGAL EDUCATION IN UNIVERSITIESExamination

Bachelor
DegreeBarristerat Law

Working
Experience

Big Round

✕

✕

✕

✕

✕

✕

Mini Round ✕

✕

✕

Small
Round

2-YearMaster of
Law inThailand2-YearMaster ofLaw
Overseas✕✕

7
Judges and Prosecutors
Admission Examinations

13

8
Thai Legal Educationin Universities Thammasat University
 Current Model: Thai ProgrammeModel Optional Specializations: I. Civil Law II. Commercial Law III. Criminal Law and Criminal Justice System

IV. Justice System V. Public Law

 LLB programmes for those who have already earned a bachelor degree from other field areoffered in many universities including Thammasat University (with shorter period of study)

With
Minor/Specialization
Credits

Without Minor/Specialty
Credits

General Education Courses

30 Credits

30 Credits

Compulsory Law Courses

87 Credits

87 Credits

Minor/Specialty

18 Credits-

Elective Courses

6 Credits

24 Credits

Overall

141 Credits

141 Credits- 105 -

15

Documents

 Thammasat University
 Current Model: LLB in Business Law (English Programme)

credits
General Education Courses

30

Compulsory Law Subjects

89

Elective Courses

6

Overall

125

17

9, 10
Thai Legal Educationin Universities Thammasat University’s Faculty of Law’s LLB Programme Curriculum is perceived

to be taken as a model for many law schools in Thailand.

 On the other hand, Chulalongkorn University’s Faculty of Law sets comparatively

fewer credits for compulsory law courses and obligates its students to choose
his/her specialization in order to complete its LLB programme. The specializations
offered are I. Civil and Criminal law II. Business and Tax Law III. Public Law and IV.
Public International Law.

- 106 -

19

THAI LEGAL EDUCATION IN UNIVERSITIESGeneral Educational System Issues
 Thai Educational Culture:-Suppressed Creativity and Critical Thinking-Passive Character of Students

 Weak Foundation of General Knowledge as a Consequence of the quality of Before-University

Educational System Quality of National University Admission University
 Welfare and quality of teaching professionals in general

Legal Educational System Issues
 Quality of Judgements : Generally Lack of Elaboration of Legal Reasoning Politicization of Judicial Authority especially Constitutional Court of Thailand Too Many Credits for Compulsory Courses
 Unclear distinction of the missions of University from those of other legal educations ex. Thai Barrister

Courses (perhaps due to the character of legal Study is both a theoretical study and a professional study) Law Enforcement and Political situation which obviously contradicts with what is thought in Classes
 Class Sizes
 A low number of multidisciplinary and legal-skill-crafting courses offered

21

11

12

Issues in Thai Legal Educationin Universities

Reform of LLB Curriculum Curriculum Reform (ongoing: Entry into Force: 2018-2019 academic year) National LLB Curriculum Standard for Thai Programme, proposed and drafted by mostlaw schools nationwide to be proposed to responsible governmental organs

Goals
 Reduce Credits of Compulsory Law Courses
 Increase the variety of assessment methods in hope that students will develop moretypes of necessary skills necessary or beneficial for their further academic studies andfuture careers

 Reduce the size of classrooms and encourage higher levels of participation and criticalexchanges

 Offer more courses on multi-disciplinary and contemporary issues as well as Pro Bonocourses and activities

 Aim on improving students’ general English and legal English Proficiency.
 Offer more skill-crafting courses: legal research skills, contract drafting andnegotiations, moot court and legal clinics

 Offer specializations based on current legal academic developments and needs,

ongoing social issues, legal market demands and unique specialization of each law
school in Thailand.

- 107 -

23

Chapter 7

LEGAL EDUCATION IN MYANMAR

Khin Mar Yee*
(University of Yangon)

Abstract
Legal Education in Myanmar
Rule of law is a major factor in the development of a country, and legal education is essential to the rule of law in Myanmar. The first department of law
came into existence in 1920 with the establishment of Rangoon University (today,
the University of Yangon). In the early years, a law degree of Bachelor of Laws
(BL) was offered as through a part-time course. After 1964, students acquired a
BA (Law) degree. The LLB degree was introduced in 1965 by the Departmentof Law at the University of Yangon under a new education system.. Currently,
a large number of LLB degrees are awarded by 18 law departments at different
universities in Myanmar, through on-campus courses, and at two universities,
through distance education. Once graduates obtain their LLB degrees, they gothrough one year of chamber-reading after which they can apply for a Higher
Grade Pleader License which entitles them to practice law in all courts except
the Supreme Court. The Supreme Court awards licenses to be an advocate to* Professor and Head of Department of Law, University of Yangon, Myanmar.
- 109 -

those who fulfill the requirements. To be a judge or public prosecutor, candidates must pass a selection board exam. Graduate diploma courses for Diploma
in Business Law, Diploma in International Law, Diploma in Maritime Law, anda new Diploma in Intellectual Property Law are offered by the Department ofLaw, University of Yangon. In 1987, the language of instruction for teaching andlearning was changed to English in all universities. Clinical legal education was
introduced in 2013. Professors and lecturers, including foreign professors, in thedepartments of law of the different universities give lectures related to Myanmarlaws and legal education in Myanmar.
Rule of law is a major factor in the development of a country, and in transforming to a democratic society, legal education is essential to establishing ruleof law in Myanmar. According to Article 28 of the Constitution of the Republicof the Union of Myanmar (2008), the Union shall:(a) earnestly strive to improve education and health of the people;(b) enact the necessary law to enable National people to participate in matters of
their education and health;(c) implement a modern education system that will promote all-round correct
thinking and a good moral character contributing towards the building of the
Nation.
Under Article 26 of the National Education Law of 2014, schools that implement higher education shall use a system of independent learning and independent administration.
Legal education in Myanmar started with the Rangoon University department of law established in 1920 under British Colonial Rule as one of the sevenfaculties of Faculty of Arts, Faculty of Science, Faculty of Law, Faculty of Medicine, Faculty of Engineering, Faculty of Education, and Faculty of Agriculture.
Today, a large number of students graduate with LLB degrees from 18 law departments at different universities in Myanmar. Two universities, Yangon University and Mandalay University, offer the degree through distance education courses.
- 110 -LEGAL EDUCATION IN MYANMAR

1. Legal Education in the Past
The very first Department of Law came into existence in 1920 at Rangoon
University, what is today the University of Yangon. It was one of the original
seven faculties of Rangoon University. During the early years the Law Department only offered a law degree known as Bachelor of Laws (BL) as a part-time,
post graduate degree course. The BL degree required a two-year course of study.
Legal education in this period was good enough that graduate students were
persuaded to attend the law classes. All the courses for the BL were fully taught
in English until it was replaced with a fulltime BA (Law) LLB course in 1964.
There was also a Registered Lawyer (RL) Course which was provided to any
graduate throughout the Socialist era of the 1980s. At that time, RL graduateswere able to apply for a Higher Grade Pleader license and then an Advocate License. Today, BL and RL courses are no longer offered. BA (Law) LLB degree
holders are allowed to acquire a Higher Grade Pleader License and then an Advocate License if they meet the requirements.
With the advent of the Revolutionary Council in 1962, a committee to reform
legal education was established, and significant reforms were accomplishedthrough the Higher Education Law of 1964. After 1964, the graduate course
became a fulltime course. Students acquired a BA (Law) degree after 4 years ofstudy and had to continue their studies one more year for the LLB degree.

2. Present Legal Education
Though BL, RL and BA (Law) LLB degree holders are still working indifferent areas in the field of law, a Bachelor of Laws (LLB) is the minimum requirement to be a private lawyer, judge, or public prosecutor.

2.1 Bachelor of Laws (LLB)
In 1965, a new system of higher education brought about a five-year fulltime- 111 -

legal education course for an LLB degree at the Department of Law, University
of Yangon. From 1996 to the academic year 2012-13, the Department of Law,
University of Yangon, was exclusively devoted to postgraduate legal studies.
Since legal education is essential to the rule of law in Myanmar, outstanding
LLB students of Yangon University, like other LLB students of Law Departments of different Universities of Myanmar, have the duties to work hard not
only in the law subjects but also in English. Because of the importance of English language, LLB students have the chance to learn English until third year
LLB as core course. In fourth year and fifth year, all core and elective courses
are different areas of law subjects. Syllabus for fifth year LLB course is the samewith that of qualifying class (QII) course. If a student is qualified in fifth year
LLB or a Q II student passes qualifying class, he or she is entitled to attend the
LLM class. Once the LLB graduates obtained their degrees, after one year ofchamber-reading they can apply for Higher Grade Pleader License which would
entitle them to practice law in all courts except the Supreme Court. There is no
Bar Examination. To be an advocate, the Supreme Court gives a license to theapplicant who has fulfilled the requirements. Up to now, 10887 advocates and47446 Higher Grade Pleaders have been granted License by the Supreme Courtof the Union.1 To be judge or public prosecutor, they have to pass selection board
exam, written and oral.

2.2 Master of Laws (LLM)
The first postgraduate legal degree program at the Department of Law,
University of Yangon, the LLM degree program, was established in 1973. The
current LLM program is a two- year course of fulltime study. The program offers the opportunity to specialize in four different areas: Civil Law, Commercial
Law, International Law, and Maritime Law. Since the late 1990s, LLM students
are required to do undertake exams in either four or sixteen courses (dependingon their specialization) and to sit for a closed-book exam at the end of each se1

Valid data as of June 2016.
- 112 -LEGAL EDUCATION IN MYANMAR

mester. In addition, a thesis is required. At the end of four semesters, successful
written examinations, and the submission and successful defense of a thesis, they
are awarded LLM degrees. In order to be a teacher in a university law department, an LLM degree is the minimum requirement.

2.3 Master of Research (MR)This is a one year program dedicated to researching law. LLM degree holders
who are qualified to do research are admitted to this program. MR degree holders are exempted from the written examination required to enter a PhD program.
Students who pass an oral exam administered by a PhD steering committee areentitled to undertake the PhD Preliminary Course.

2.4 Doctoral Program (PhD)
Since 1999, the Department of Law has offered a five-year PhD program. The
first year is a preliminary qualifying year including theoretical study. The remaining four years are devoted to the preparation of the candidate’s dissertation.
Eligibility to enter the program is limited to academic staff with LLM degrees,
government ministerial staff with two years of service, and MR degree holders
who pass an entrance examination. Students in the PhD Preliminary Course
have to prepare papers in the same four areas of specialization as for the LLM
program.

2.5 ‌Graduate Diploma and Master Courses(DBL, DIL, DML, DIPL and MA Business Law)
Graduate diploma courses have been offering by the Department of Law,
University of Yangon, under the University’s Human Resources Development
Program since 2004. There are four different areas of law in which diplomas
are offered: Business Law, International Law, Maritime Law, and Intellectual
Property Law. The Diploma in Business Law (DBL) is the most popular among
the first three diplomas (the other two being the Diploma in International Law(DIL), and the Diploma in Maritime Law (DML). The Diploma in Intellectual- 113 -

Property Law (DIPL) is new with the first class to commence this academic year,
2016-2017. The Law Department at the University of Mandalay offers a Diploma
in Business Law (DBL) and a Diploma in International Law (DIL). The otherlaw departments have no diploma courses. Each diploma course lasts one year.
Any individual with any kind of undergraduate degree who passes the entrance
examination can enter a Diploma course. The University of Yangon law department has a two-year MA program in business law. In order to gain entry into
the program a student must have a graduate diploma in business law and pass anentrance examination.

2.6 University of Yangon Distance Education Online Courses
The Online postgraduate diplomas in Law and LLB programmes are offeredby the University of Yangon Department of Law’s Distance Education course.
The online post graduate diploma in Law programme was started in 2013. The
duration of the course is 10 months. The online LLB programme was started in
2014. Any graduate is entitled to take the online LLB programme.

2.7 Departments of Law in Myanmar
There are 18 departments of law in Myanmar offering LLB courses foron-campus students and LLB distance learning courses under the monitoring of
YUDE and MUDE. Until 1994, a full time LLB course was only offered at the
University of Yangon. Later the course was also made available at some otheruniversities in order to have equal development of all regions of Myanmar. Currently, 18 universities all over Myanmar have law departments offering the LLB
Degree and some offering the LLM Degree.

2.8 Admission
In the University of Yangon, there are entrance exams for Master and other
Diploma courses. Outstanding students who get high scores in the BEHS examination are not required to take an entrance exam but they must have high marks
to undertake a law major. Other universities likewise have no entrance exams but- 114 -LEGAL EDUCATION IN MYANMAR

require entrants to have marks.

2.9 Semester
The first semester of the undergraduate course is from December to Marchand the second semester from June to October. Post graduate course including
LLM start in June to October and second semester is December to March.

2.10 The Medium of Instruction and Teaching Staff
As mentioned above, from 1920 until the 1960s, all BL courses were fullytaught in English. Burmese (the Myanmar language) replaced English as the medium of instruction at all universities in 1965. In 1987, English was reintroduced
as a medium of instruction for teaching and learning. Though the medium of instruction was changed to English in all universities for all disciplines, language
barriers affect the understanding of legal education and other content of students
and teaching staff. The official language in Myanmar is the Myanmar language.
Lawyers, judges and prosecutors use the Myanmar language in the courts. Most
students of past decades learned the law by heart, but robot learning, or rotelearning, did not help them to apply in practice what they studied in school.
Throughout the years, an unstable political situation leading to the opening andclosing of schools and universities further impacted the quality of law graduates
to some extent to the 2000s. After the re-opening of universities and colleges in
1999, the government has been establishing universities in different regions toprovide equitable opportunity for the different regions of the country. This dispersion of universities, however, has strained the physical and human resourcesof the system. Still, while a majority of law students are hindered by the language barrier in learning the law, outstanding students attending the University
of Yangon are clever enough in English to learn law.
Myanmar’s universities are state financed or public. The appointment ofteaching staff is undertaken by the ministry having jurisdiction. Today, about 10
ministries have jurisdiction over higher education or tertiary education. Legal
education is under the jurisdiction of the Ministry of Education. A system of- 115 -

transferring teaching staff among the different law departments deters any one
law department from monopolizing human resources. Teaching staff of law departments, especially professors and associate professors, have duties not only inteaching but also in giving opinions on the drafting of laws.

2.11 Curricula and Syllabi
The Board of Legal Study is made up of professors of the law departments ofdifferent universities, officials of the Attorney General Office, Supreme Court,
police force, and the various ministries responsible for curriculum development.
LLB, LLM, and other post-graduate diplomas are discussed in the Board’s Study
Meeting every year. Since all universities having law departments are state financed under the Ministry of Education, the curricula and syllabi for LLB and
LLM courses are the same.
Several meetings on curriculum development were held with the cooperationof professors from Central European University, Columbia University, and theAustralia National University, with the support of the Open Society Foundation(OSF). The syllabi in the undergraduate course in all law departments of Myanmar’s different universities have the following components.
(i)Compulsory core subjects(ii)

Optional subjects, both law and non-law, including aspects of Myanmar,
economics, philosophy, psychology(iii) English language course(iv) Myanmar Customary Law course, compulsory for LLB students, in the
Myanmar language
A passing grade for LLB students is 50 and for LLM students, 65. In the lastsemester, LLM students have to write a thesis in one of the following fields ofspecialization: Civil Law, International Law, Commercial Law, or Maritime Law.

- 116 -LEGAL EDUCATION IN MYANMAR

3. Legal Education in the Future
The necessity of legal assistance transcending national borders is an unavoidable reality of human society in this 21st century. Therefore, collaborationon legal education is important for rule of law. Collaboration with many foreign
universities under MOUs including student exchange programs and lectures byforeign professors is increasing.
Under the new National Education Law of 2014, there is to be a program forinternal and external quality assessments.

3.1 Alumni Associations
Today, there are a number of alumni associations including the Law Graduates Association, Law Graduates Association organized for Helping Others, theYamanya Hall Alumni Association, and the MA (Business Law) Alumni Association. One of the objectives of these associations is to support legal scholars sothat students will have more opportunities apart from the government scholarships which are given to several outstanding students at- tending the law departments of the University of Yangon and Mandalay University.

3.2 Libraries and Teaching Materials
Though each law department has a departmental library, reading materials
are not good enough for law students. The main libraries of the University of
Yangon and other universities have librarians, but there are no librarians forthe departmental libraries. Today many foreign universities and individuals are
donating law textbooks, and an e-library has been established under the sponsorship of the Open Society Foundation (OSF).

3.3 Teaching Methods and Assessments
Traditionally, most teaching staff give lectures in class and in tutorial classes and seminars, and students have the chance to discuss the content with theirteachers. The tutorial test is one type of assessment. Today, students are also
- 117 -

exposed to practical applications, such as in clinical legal education classes that
include mock trials and moot courts, with the support of many law firms andlawyer associations, such as BABSEA CLE, ICRC, etc. The IHL Moot Court
Competition is a program at the University of Yangon held in cooperation with
the International Committee of Red Cross Myanmar to improve legal knowledge
on IHL and to participate in the IHL regional competition. The semester-end
exam is the main means of quality assessment for LLB and LLM students.

3.4 International Cooperation
In 2013 January and February, the University of Yangon Law Department
hosted two visiting professors sponsored by the Open Society Foundation (OSF)
to offer classes focused on international human rights law, comparative constitutional law, international law, and international environmental law. In 2013, theMyanmar Japan Legal Research Center between the University of Yangon andNagoya University was established and a series of seminars on different areasof law are conducted by this Center. The First National Myanmar Workshop on
Clinical Legal Education sponsored by UNDP partnering with BABSEA CLE
held a Faculty Seminar on Challenges of Globalization and the Rule of Law inComparative Perspectives s part of a program sponsored by the Open Society
Foundation at the University of Yangon campus.
Professors from foreign universities have visited the departments of law ofvarious universities to give special lectures and hold seminars for undergraduate
and post graduate students and teaching staff, as well, to improve the capacity
for different fields of law.
Today, teaching staff at the University of Yangon and other universities
have chances to learn teaching methods at many different foreign universities,
including Columbia University in the United States, the Universitè de Toulouse
in France, Oxford University in the United Kingdom, Central 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, and to make presentations and give special lec- 118 -LEGAL EDUCATION IN MYANMAR

tures related to Myanmar laws and legal education in Myanmar. There are many
programmes and activities in legal education, for example, the third training
workshop for international human rights law for teaching staff provided by Columbia University, the IHL Moot Court Competition in Hong Kong University
sponsored by ICRC, the Clinical Legal Education (CLE) programme provided by
UNDP, and these are expected to help improve legal education in the future. As
a result of the decision of the 2015 Board of Study, and with the support of RWL
University, Norway Oslo University and Columbia University, human rights law
will be the core course for third year LLB students, from the upcoming 20172018 academic year.

3.5 Private Universities
Under the new National Education Law of 2014, and a draft law for private
education, private law universities and private law schools may be establishedin the future. Autonomy will be given to higher education institutions under the
new National Education Law of 2014. Though fair competition is necessary forthe quality assurance of law graduates, it is certain that the school fees of private
law universities and private law schools will be much higher than the nationallaw schools. Since all existing higher education institutions are state financed
universities or public universities, up to now, school fees have been subsidized
by the government. Basic education is free and a university student only has topay 500 Kyats (less than 1 US Dollar) per month for school fees, which is muchappreciated in Myanmar.
Presently, job opportunities for a qualified law graduate are good because
there are many new law firms, NGOs, and enterprises with foreign direct investment that want qualified law graduates to support their work. There are as wellopportunities at the Supreme Court, Attorney General Office, and administration
departments and government agencies that appoint public prosecutors, judges,
and officers for the legal sections of various departments.
Today, rule of law in Myanmar is often criticized because it needs to be much
improved for the establishment of a democratic society. Legal education will
- 119 -

need to be improved as well for the benefit of the country and its people, including all races living in Myanmar.

- 120 -LEGAL EDUCATION IN MYANMAR

Documents

Dr. Khin Mar Yee
Professor &Head of Department of Law
University of Yangon

1
LEGAL EDUCATIONIN MYANMAR

 one of the seven original affiliated faculties*of the Rangoon University (Now -University of
Yangon).

••Faculty of Arts, Faculty of Science, Faculty of Law, Faculty of
Medicine, Faculty of Engineering, Faculty of Education.
** Faculty of Agriculture2
Background of
Law Department

3

University of Yangon

3
University of Yangon

 Established on 1st Dec, 1920
 Oldest national university in Myanmar- 121 -

5Documents

Bachelor of Laws (BL) degree During the early years  the Law Department only offered a law degree
known as Bachelor of Laws (BL) degree.
 as a part-time post graduate degree course.
 BL Courses were closed in 1964 and 1965.
 But the examinations were held up to 1968.
4
7

Bachelor of Laws (BL) degree

BA (Law) LLB:
Bachelor of Arts
in Laws& Bachelor of Laws

With the advent of the Revolutionary Council after 1962, aCommittee to Reform Legal Education was established, andsignificant reforms were accomplished by the Higher Education Law,
1964.
After 1964, it became a fulltime course. ( 1964 to 2017 = 53
years)

5

9









New system of higher education had beenbrought in the name of LLB degree since 1978.
( Graduates of 1981 Batch).
It is also five year, full-time course of study at
the Department of Law, University of Yangon.
The LLB program has remained the main
vehicle for law departments of 18 universities
in Myanmar.
University of Yangon (YU) and University of
Mandalay (MU) were Post Graduate Universities
from 2003 till 2013 academic year .

611- 122 -BA (Law) LLB:
Bachelor of Arts
in Laws & Bachelor of Laws

Bachelor of Laws (LLB)

LEGAL EDUCATION IN MYANMAR The Law

Departments of The YU and MU have reaccepted
its first year law classes for outstanding students (about 50
Nos.)starting from 2013-14 new academic year.

University of Yangon
Department of Law

7

13







Because of the importance of English language, LLB
students have the chance to learn English until thirdyear LLB as core course.
In fourth year and fifth year, all core and elective
courses are different areas of law subjects. Syllabus
for fifth year LLB course is the same with that ofqualified class (QII) course of Law.
If a student is qualified in fifth year LLB or a Q II
student passes qualifying class, he or she is entitled
to attend the LL M class.

815

Master of Laws (LLM) The

first postgraduate law degree program at the
Department, the LLM degree program, was establishedin 1973. (Part time course to Two Year full timeCourse) Students

with LL B degrees who are qualified areentitled to attend the LLM classes at several Law
Departments of the different Universities.

9

For YU & MU, Departments of Law qualified LLB
degree holders are entitled to attend the LLM classes
after successfully passing an entrance examination.

Master of Laws (LLM)

17- 123 -

Documents

 In four different areas:

Civil Law,
Commercial Law,
International Law
Maritime Law.
 During their first three semesters students takerequisite Masters level course and are assessedby examination.
 During their final semester, students must
undertake their own research and produce awritten thesis.



10
19

Specializations Offered for
LLM

 One year program dedicates to researching the law.
 Students are required to develop and produce asignificant piece of scholarship during theircandidacy.

 LLM degree holders who are qualified to doresearch are admitted to this program.

11
21

Master of Research (MRes) LL M degree holder academic staff and ministerial staff with two or more years of service

that pass an entrance examination; and MRes degree holders (who are exempted from thewritten entrance exam).
date YU has conferred 98 PhD graduates fordifferent areas of law (Civil Law, International Law,
IP, Envronmental Law, etc).

 To

12
23

- 124 -

Eligibility to Enter the Ph.D.
ProgramLEGAL EDUCATION IN MYANMAR

 Since 1999, the Department of Law, YU has offered

PhD degree program.

 In 2010 MU offered PhD degree.
 Duration - five years.

 The First Year is a preliminary class + the remaining

four years - preparation of the candidate's
dissertation.

13
Doctoral Program (Ph.D.)

25

 Graduate

14
Graduate Diploma Courses(DBL, DIL , DML, DIPL)

diploma courses have been offering by
the Department of Law under the University's
Human Resources Development Program since
1999.
 There are three different areas of law in which
diplomas are offered: Business Law, InternationalLaw, and Maritime Law.
 Each diploma courses lasts one year.
 Any graduate degree holder who pass the entrance
examination can attend the Diploma courses.
27

 Bachelorof Laws course was introduced in the
Distance Learning Education System in the year of
1976 with intention of supporting the working
people.

15
LLB Correspondent Course &Distance Learning Education29- 125 -

Documents

 PGDL – Post Graduate Diploma in Law
 Opening in 2013
 Graduated – 219
Fees – 500,000 Kyats

 Online Course : Duration of Course – 10 months
 LLB

Online Course (6th December 2013)

 1st Semester – 200 Candidates
 Result- 106/200

 Fees – 150,000 Kyats per Semester16

 Duration of Course – 5 years

31

New Distance Learning Law
Course17
The 18 Universities whichhave Law Departments

No

Name

1

University of Yangon

2

University of Mandalay

LLB
Outstanding
Students//

LLM
Civil Law ,International Law,
Maritime Law &Commercial Law

Civil Law &International Law

MRes

PhD

Â

Â

Â

Â

CHRD
Diploma in Business LawDBL,
Diploma in International
Law-DIL,
Diploma in Maritime LawDML,
Diploma in Intellectual
Property Law- DIPL &MA Business Law
Diploma in Business Law DBL,
Diploma in International
Law- DIL

3

Mawlamyine University

Â

4

Yangon University ofÂ

Civil Law &International Law

Â

Â

Â

Distance Education
5

Taunggyi UniversityÂ

6

Dagon UniversityÂ7

Magway University

Â

Civil Law &International Law
Civil Law &International Law &Commercial Law
Civil Law,

8

Pathein University

Â

Civil Law

33

- 126 -LEGAL EDUCATION IN MYANMAR

9

Sittway University

Â

Civil Law
Civil Law

10

Monywa UniversityÂ11

Myitkyinar UniversityÂ

12

Mandalay University ofÂDistance Education
13

Taungoo University

Â

Civil Law

14

Pyay University

Â

Civil Law

15

Dawei University

Â

Civil Law

16

Yadanapone UniversityÂ

17

East Yangon UniversityÂ18

Panglong University

Â

Civil Law &International Law
Civil Law &International Law
Civil Law

Â

35

18
The 18 Universities whichhave Law Departments

19
Admission
Semester

Admission
In University of Yangon, there have entrance
exam for Master and other Diploma courses.
Outstanding students who got high score in BEHS
examination have no entrance exam but they musthave high mark to attend Law Major. Other
universities also have no entrance exam but theymust have required marks.
SemesterFirst semester of undergraduate course startfrom December to March and Second Semester isfrom June to October. Post graduate course
including LLM start in June to October and second
semester is December to March.
37- 127 -

Documents

 4Professors,

 10 lecturers,

 10 assistant lecturers & 2 tutors

 It is also supported by rich knowledge ofdistinguished part-time Professors.

 Functions- Not only teaching and giving legal

knowledge but also giving suggestion fordrafting.

20

39

Current Teaching Staffs of
YU Law Dept.

IHL Moot Court Competition

One of the programs of Yangon University inpromoting legal knowledge is to hold theInternational Humanitarian Law (IHL) Competition
cooperating with the International Committee of
Red Cross Myanmar to improve the legal
knowledge on IHL and to participate in the IHL
regional moot court competition.

21
41

IHL Moot Court Competition

22
43- 128 -

CLE Program in Myanmar

LEGAL EDUCATION IN MYANMAR23
CLE Programin Myanmar (MU)

45

24

47

International Collaboration &Development Partners

25
International Collaboration& Development Partners

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
Singapore Management University (SMU) Law School
University of Toulouse I, France.
UNDP partnering BABSEA CLE(Bridges Across Borders Southeast

Asia Community Legal Education Initiative )49- 129 -

Documents

Though each Law Department has a Departmental
library, reading materials are not good enough forlaw students. Main library of Yangon University andother Universities have librarian, but not in
Departmental library.
 Many foreign Universities and individual donors
donate the Law text books.
E-library was established by sponsorship of OSF.

26
51

- 130 -

Library and Teaching
Materials

Chapter 8

CURRENT STATUS OF LEGALEDUCATION IN UNIVERSITIES: JAPANDr. Rikako Watai*(Keio University)

1. Current Status of Legal Education in Japan
1.1 Introduction
One feature of legal education in Japan is its staging into a) introductory andprofessional education in undergraduate faculties of law, b) researcher training
and education in graduate schools of law, and c) professional and practical legal
education in law schools that serve as professional graduate schools.
Legal Education at Keio Universityb) Graduate School of Lawa) Undergraduate: Faculty of Lawc) Law School-Juris Doctor(2-year course/3-year course)-LL.M. in Global Legal Practice(1-year course)* Professor of Administrative Law, Keio University Law School.
- 131 -

1.2 Faculty of Law
In undergraduate education, most students in faculties of law either get hired
after graduation by private firms or choose careers as public servants; only asmall subset of students aim to become legal professionals. At the undergraduatelevel, the focus of education is on the detailed teaching of interpretive theory ofbasic legislation and the formation of case law, with particular attention to Constitutional Law, Civil Law and Criminal Law.
Keio University was founded in 1858 and the Department of Law was established in 1890. The first department head was John H. Wigmore, a famous evidence law professor from the United States. The department of law merged withthe department of political science in 1920 to form the current Faculty of Law.
The faculty of law has been devoted to globalization throughout the past century.

1.3 Graduate School of Law
After graduating from the undergraduate level, most students who proceed to
study law at a graduate school of law are those aspiring to become researchers.
Around 30 students enroll in the master’s programs at Keio University, with thenumber shrinking to around 10 candidates who continue on to doctoral courses.
Master’s and doctoral level education, drawing primarily on the methods ofcomparative law, is focused on cultivating students’ ability to deeply analyze
their own research themes so as to craft high-quality research papers or dissertations.

1.4 Law School
Legal education in Japan underwent a major shift in 2004. Up until that time,
Japanese legal education was provided in law departments and also in graduate
schools of law established to develop researchers as mentioned above. However, the year 2004 saw the establishment of law schools as professional graduate
schools specializing in developing new judges, public prosecutors and attorneys.
This was done in emulation of the American legal education system, but un- 132 -CURRENT STATUS OF LEGAL EDUCATION IN UNIVERSITIES: JAPAN

like in the United States, legal education at the undergraduate level and in graduate schools of law was left as it was.
Law schools offer either a two-year course for students who have alreadycompleted legal studies or a three-year course for students with no legal background. Students go on to take and pass the bar exam upon finishing either ofthese courses. The bar exam is given once a year in Japan. A total of 6,899 people took the exam in 2016, out of which 1,583 passed. The average passing rate
was 22.95% and that of Keio University Law School graduates was 44.29%.
Successful candidates may enter the Legal Training and Research Instituteprogram. This Institute is an official training program under the supervisionof the Japanese Supreme Court. It is a one year legal apprentice program and adiploma upon completion is required to enter the judiciary, join a public prosecutor’s office, or register as a practicing attorney with a local bar association. Most
become practicing lawyers as fewer than 200 are selected to be judges or publicprosecutors.
Education in postgraduate professional law schools involves the cultivationof problem-solving and legal interpretation skills necessary for conflict resolution. Japan has a total of 44 law schools as of 2016, with a combined enrollment
capacity of approximately 2,700 students.

2. Keio University Law School: LL.M. in Global Legal Practice
2.1 New Legal Education Scheme: BackgroundIn modern society, the ever-increasing international mobility of goods, money, and information has made the significance of national borders ambiguous,and trends in the international community have come to have a close relationshipwith our own country.
Taking the example of business, globalization has meant that Japanese
corporations negotiate with foreign companies having different languages and- 133 -

cultures, and this requires preparation for potential legal conflicts. This in turnrequires personnel with abundant and correct information on legal systems in Japan and abroad, who can provide appropriate counsel. Global efforts are neededfrom the international community to resolve environmental issues and achievesustainable growth. International organizations such as the United Nations arealso seeking people with legal knowledge. Those who aspire to a legal careerand young people starting in the legal profession, must therefore consider career
paths that assume engagement in the global community.

2.2 LL.M. in Global Legal Practice
From April 2017, a master of laws program in Global Legal Practice is being
newly offered by the Keio University Law School. As this program aims to cultivate professionals who will be active in multinational firms and international
agencies, teaching is exclusively in English. Along with students already qualified as lawyers in Japan, this course is intended for new graduates of Japanese
undergraduate programs who aspire to play an active role in international agencies, as well as international students from around the world. Those who have notstudied the basics of legal practice are required to complete 36 credits, whereas
others only need to complete 30 credits. In either case, the standard duration forcompletion of the course is one year. Students may begin their studies in either
April (Spring Term) or late September (Fall Term).
LL.M. Course Categories
Core Program(1) Japanese Law and Asian Law in Global Perspective(2) Global Business and Law(3) Global Security and Law(4) Practical Training
Elective Program(5) Innovations and Intellectual Property Law(6) Area Studies- 134 -CURRENT STATUS OF LEGAL EDUCATION IN UNIVERSITIES: JAPAN(7) Comparative Law(8) Current Legal Issues(9) Legal Research and Writing
All students must earn at least four credits in either Global Business Law or
Global Security Law, and at least four credits of Practical Training courses.
Global Business Law deals with international transactions and international dispute resolution; Global Security Law with human rights and environmental andsecurity issues; and Practical Training involves applied learning including mocktrials and internships at law offices. The requirements are flexible and allow for
programs that meet individual needs. In addition, elective courses are offeredcovering the latest legal issues and the legal system in Japan and other Asian
countries. This program is designed to be highly practical, involving both theory
and practice.

3. Conclusion: Legal Education at Keio University Law School
Legal education aims to inculcate a legal mindset in students. In other words,
it is by learning logical thinking and a balanced sense of legal interpretation thatstudents are able to consider the logics of negotiation and persuasion with a viewto problem-solving, as well as to articulate both these aspects verbally and inwriting. The new LL.M. program in Global Legal Practice was designed to meetthis end.
Knowledge easily transcends national borders. Globalization is deeply
connected to education. Keio University Law School has high expectations fordual-degree and joint-degree initiatives in partnership with law schools aroundthe world to enable students to develop legal knowledge that will translate to theglobal stage.

- 135 -

APPENDIX:
Keio University Law School, LL.M. in Global Legal Practice 2017 Course List
(1) Japanese Law and Asian Law in Global Practical Perspective【1-1】 Law, Culture and Development in Asia
【1-2】 Introduction to Asian Law from Japanese Perspective【1-3】 Japanese Law（State and Citizen）【1-4】 Japanese Law（Economy and Social Structure）【1-5】 Japanese Law（Legal History and Transformation）【1-6】 Japanese Law（Contemporary Issues）(2) Global Business and Law【2-1】 International Commercial Transactions【2-2】 Government Relations and Law【2-3】 Cross-Border Litigation【2-4】 Securities Regulations and Finance Transactions in Japan【2-5】 Bankruptcy Laws
【2-6】 Law, Finance and Taxation of Corporate Acquisitions【2-7】 European Integration and Global Business Law【2-8】 Corporate Governance and Risk Management【2-9】 International Commercial Arbitration【2-10】Japanese Competition Law【2-11】Business Strategy and Contract(3) Global Security and Law【3-1】 Environmental Law and Litigation in Japan【3-2】 Environmental Law and Disaster【3-3】 Introduction to Space Law【3-4】 Multinational Corporations and Law【3-5】 Legal Theory of Globalization【3-6】 Globalization and International Human Rights in Japan【3-7】 Globalization and International Criminal Law- 136 -CURRENT STATUS OF LEGAL EDUCATION IN UNIVERSITIES: JAPAN(4) Innovations and Intellectual Property Law【4-1】 Intellectual Property from a Global Perspective【4-2】 Global Intellectual Property Management【4-3】 Transnational Intellectual Property Enforcement【4-4】 International IP Licensing Agreements(5) Area Studies【5-1】 Area Studies of Law(South East Asia)【5-2】 Area Studies of Law(China)【5-3】 Area Studies of Law(Korea)【5-4】 Area Studies of Law(Singapore)(6) Comparative Law【6-1】 Introduction to American Law【6-2】 Comparative Constitutional Law【6-3】 Comparative Contract Law【6-4】 Comparative Corporate Law【6-5】 Comparative Corporate Finance and Law(7) Current Legal Issues【7-1】 Seminar(International Security Law)【7-2】 Seminar(Frontier of the Cyberspace Law)【7-3】 Seminar(Japan’s Trade Law and Policy)【7-4】 Seminar(Legal Issues in China, India and ASEAN)(8) Legal Research and Writing【8-1】 Presenting Japanese Law【8-2】 Graduate Writing Seminar【8-3】 Research Paper I【8-4】 Research Paper II- 137 -

(9) Practical Training【9-1】 Negotiation【9-2】 Arbitration【9-3】 Drafting International Agreements【9-4】 Drafting and Negotiation of M&A and JV Transactions【9-5】 Moot Court I【9-6】 Moot Court II【9-7】 Moot Court I【9-8】 Moot Court II【9-9】 Internship- 138 -CURRENT STATUS OF LEGAL EDUCATION IN UNIVERSITIES: JAPANDocuments

Current Status of Legal Education in Universities
Japan

Rikako Watai
Keio University Law School

1
CURRENT STATUS
OF LEGAL EDUCATIONIN UNIVERSITIES: JAPAN

2
Legal Education System

1.Current Status of Legal Education in Universities: Japan
Graduate School of Law

Legal Education System

SJD Program3
2
1

Law School
LL.M. in
Global Legal Practice

Juris Doctor
Program
2
1

LL.M. Program1(up to 2 years)

3
2
1

2
1

Faculty of Law

Other Faculties

4 years

4 years- 139 -

Documents

2. Faculty of Law at Keio http://www.law.keio.ac.jp/en/#ct02
・1890 Department of Law
Head of the Dept. John Henry Wigmore
・1920 Faculty of Law
Dean Torajiro Kanbe
・Lectures
・Seminars

3
Faculty of Law at Keio

3. Graduate School of Law at Keio・3 Majors
Civil Law, Public Law, and Political Science・Researcher Training
2 Year LL.M. Program: around 30 students
3 Year S.J.D. Program: around 10 students・Comparative Law Studies

4
Graduate School of Law
at Keio- 140 -CURRENT STATUS OF LEGAL EDUCATION IN UNIVERSITIES: JAPAN4. Law School・Japan’s Law School System was established in April 2004
・3 Year Course
for students with no previous legal background・2 Year Course
for students who have studied law
・Case Studies, Small Classes andSocratic Method

5
Law School

5. Administrative Law Education

6
Administrative Law
Education

Rulemaking: Delegation Doctrine・Faculty of Law: Lecture
・Graduate School of Law: Comparative Law Approach・JD(1) Sword Case
Possession of Swords prohibited without Registration
Standard of review set by administrative legislation⇒permits only Japanese swords ◯(2) Correction Facility Case
Visitation rules set by administrative legislation⇒sets age limitation ×(3)Hypothetical

5. Administrative Law Education cont. Hypothetical・Law on the Benefit for Child MaintenanceChildren who are eligible for the benefit are
1 a child whose parents' marriage was dissolved
2 a child whose father has died3 a child whose father is handicapped
4 a child whose father is not known whether he is dead or alive
5 children who are in circumstances which are tantamount to thesituations as provided in the preceding paragraphs and which are
determined by the cabinet order7
Administrative Law
Education cont. Hypothetical・Cabinet Ordera child who was conceived by the mother outside marriage (including
instances where the marriage is not registered, but the parties are in
reality in a situation similar to that of marriage)(except children
recognized by the father).

- 141 -

Documents

6. Keio University Law School LL.M. in Global Legal Practice・Unique among all Japanese law schools in terms of its ability toestablish a “Japanese LL.M.” which enable the training of global legal
professionals
 Lawyers
Lawyers and alumni who wish to be
involved in international legal matters
Admission Office selects
talented students (about 30)
who want to engage in global
activities Corporate Legal Departments
Young staff from global companies
 Law Faculty Graduates
Outstanding graduates who wish to workat international institutions
 Foreign Students
Students with an interest in Japanese law(law students and graduates fromoverseas )8, 9Keio University Law School
LL.M. in Global Legal
Practice

7. Keio University Law School: LL.M. in Global Legal PracticeCore Program

Japanese Law and Asian Law in
Global Perspective
Global Business and Law

Global Legal
Practice

Global Security and Law
Practical Training

1 Year30 Credits

Innovations and Law
Area Studies
Elective Program

Comparative Law
Seminar: Current Issues
Legal Research and Writing

・Students must complete at least 4 credits from courses in the
category “Global Business and Law” or ”Global Security and Law” and4 credits from “Practical Training”- 142 -

COMMENTANALYTICAL VERSUS SUBSTANTIVE APPROACHES IN AMERICAN AND JAPANESE LAW SCHOOLSANALYTICAL VERSUSSUBSTANTIVE APPROACHESIN AMERICAN AND JAPANESELAW SCHOOLS
A. Reid Monroe-Sheridan*(Keio University Law School)

1. Introduction
Although many Japanese universities have been operating professional
graduate law school programs, based in part on the American model, for over a
decade, there remain important differences in the typical pedagogical approaches
of Japanese and American schools.1 In this essay, I will briefly introduce what in
my experience has been one of the most salient differences in this area—namely,
the instructional emphasis in Japan on black letter law as opposed to abstract
legal analysis—and consider a likely explanation for this development. I willthen examine some of the measures that Keio Law School has implemented tosupport a curriculum with unusually rich practical and analytically focused course
offerings in Japan.
My observations of pedagogical methods in Japanese law schools are basedon my own experience studying as an exchange student and then teaching atseveral Japanese law schools, as well as discussions with other professors. I do

* Assistant Professor, Keio University Law School.
1

Until the introduction of law schools in 2004, Japanese universities did not offer a professional

graduate degree in law (Juris Doctor).
- 145 -

not have statistical data to support my assertions, though I do not believe they areparticularly controversial.

2. Comparison of Approaches
One key component of legal education at most law schools in the UnitedStates is teaching to students to “think like a lawyer.”2 Although this phrase isopen to a range of interpretations, it is generally accepted as encompassing at least
the ability to break apart complex problems into discrete analytical components,
identify and apply rules relevant to those problems, and reach a logicallydefensible conclusion.3 I remember professors devoting a great deal of class timeto these skills when I was law student, especially during my first year.
These skills are, of course, not unknown in Japanese law schools. But I
believe—and conversations with other professors indicate I have plenty ofcompany here—that in general in Japanese law schools focus more on learning,and memorizing, the black letter of the law. Especially at highly selective schools
from which many graduates enter law firms with sophisticated legal practices, I
believe a greater emphasis on “thinking like a lawyer” would serve students well.
That said, the decision of Japanese law schools to focus more on the substance ofthe law is not arbitrary, as I will explain later.

3. Law School as Preparation for Legal Practice
In both Japan and the United States, the majority of law students hope to enter
professional legal practice. With that in mind, one relevant metric to compare the2See, e.g., David T. ButleRitchie, Situating “Thinking Like A Lawyer” Within Legal Pedagogy,

50 CLEV. ST. L. REV. 29 (2003).
3

Id. at 37.
- 146 -

ANALYTICAL VERSUS SUBSTANTIVE APPROACHES IN AMERICAN AND JAPANESE LAW SCHOOLS

analytical and black letter approaches discussed above is to consider how welleach approach prepares students for legal practice.
I believe the American approach offers distinct advantages, especially withrespect to the practice of large law firms that handle complex matters. With
the proliferation of increasingly inexpensive and sophisticated legal databases
such as Westlaw and LexisNexis and practitioners’ guides such as Practical
Law Company, in most cases lawyers can easily locate relevant laws and advice
on how to approach a vast array of client questions and legal analyses. In thisinformation-rich environment, the value of even perfectly memorized black letterlaw has rapidly diminished.
Furthermore, clients do not typically pay large, expensive law firms forlegal advice that can be obtained simply by knowing the applicable legal rules.
The matters that such firms handle frequently require a complex analysis andapplication of law to facts, performed under time pressure, and involving somemeasure of ambiguity. In other words, one of the most important skills for lawyers
in this sort of legal practice is the ability to “think like a lawyer.” Of course,
practice-specific knowledge, analytical skills, and legal judgment are developed
through real-world lawyering experience over time, but law school education canplay an important role in helping students build a strong foundation to activate
when they begin legal practice.

4. Explaining the Emphasis on Black Letter Law
Competition among Japanese law schools is intense. If we accept thatanalytical skills are of critical importance to practicing lawyers and pureknowledge of legal rules is less valuable, why would Japanese schools continue tofocus on the latter at the expense of the former?
The answer lies in the bar exam. The overall pass rate for the Japanese bar
exam in 2016 was just 23%. Even among the best law schools, no school achieved
a 50% pass rate for its students.4 Furthermore, the pass rate was about 50% lower- 147 -

for candidates who did not graduate from an LL.B. program.
Teaching practical lawyering skills to students is important, but the students
will have to pass the bar before they have the opportunity to make use of thoselawyering skills.5 And students in Japan are keenly aware of law schools’ averagebar exam passage rates, meaning that improving its pass rate is one importantmeans for a school to market itself to prospective applicants. Some Japanese law
professors have told me that while they do not necessarily feel pressure to teach tothe bar exam, they do generally consider whether their course material is relevantto the exam when planning their courses. In contrast, my experience is that law
professors at top American law schools typically do not attach much importance,
if any at all, to such considerations. Although these are generalizations, I believe
they are broadly illustrative.
Compare the Japanese bar passage rates from top schools to their American
equivalents and the difference is stark. Data filed with the American Bar
Association shows that students from the U.S. schools with the highest pass rates
generally pass the New York bar exam at a rate over 90%, and the overall passrate is about double that of the Japanese bar exam.
If anything, the passage rate comparison understates the difficulty of theJapanese exam. The consensus of friends and colleagues is that most Japanese
bar takers spend at least one or two years preparing for the exam while in law
school. Contrast this with American bar takers, who typically start studying for theexam after (or immediately before) graduation from law school. While American
students from selective law schools are spending one to three months studying
for the New York bar and passing at high rates, their Japanese counterparts arecommitting five to ten times as much time to bar study and even then are more
likely to fail than pass on the first attempt.

4

There are certainly reasonable arguments in favor of a difficult bar exam, but that discussion

is beyond the scope of this essay.
5

One exception in Japan exists for companies’ in-house legal staff. These employees are notrequired to be qualified as lawyers to advise their employer on legal matters.
- 148 -

ANALYTICAL VERSUS SUBSTANTIVE APPROACHES IN AMERICAN AND JAPANESE LAW SCHOOLS

Considering all this, it is little wonder that American law schools feel more
freedom to focus on analytical and practical skills.6 And Japanese schools seeking
to offer a rich selection of analytically focused and practical courses confront
another challenge: with so much student focus on passing the bar exam, nonessential courses may attract few students or none at all. This can be particularly
challenging when the school works to recruit practitioners to teach practicalcourses on an adjunct basis. Busy practitioners are often reluctant to devote
time and effort to preparing a course that might be cancelled for lack of student
enrollment.

5. Possible Solutions
Under these circumstances, what sorts of solutions are available to Japanese
law schools that might allow them to offer a curriculum with rich analytical andpractical components? We can look to Keio Law School for an example. Keiohas successfully implemented several measures that allow it to provide a diverse
selection of classes focused on practical skills and analytical instruction.
A central element of this success is the robust exchange program that Keio
Law has built in recent years. Among other benefits, this ensures that there is acore group of students able to enroll in courses that are not focused on bar exam
topics. In addition to enjoying freedom from Japanese bar exam pressure, nearly
all exchange students take classes in English, meaning that Keio can typically
avoid the cancellation of English-language law classes due to lack of student
enrolment. This has allowed the school to build out an increasingly broad Englishlanguage curriculum, which in turn attracts more law school exchange students

6

The Japan Association of Law Schools puts additional pressure on law schools to focus onblack letter law and legal doctrine, providing a lengthy list (approximately 200 pages) of “common achievement goals” comprised of legal rules, concepts, and doctrines that students should
know upon graduation from law school.
- 149 -

looking to study in Japan.
In addition to its exchange programs, the launch of Keio Law School’s Global
Legal Practice master of laws program this April will further increase the poolof students for courses that do not relate directly to the bar exam. Furthermore,
many of the Global Legal Practice students are already lawyers and will bring an
additional level of practical focus to their classes.
This arrangement allows interested J.D. students to enroll in a broad range ofEnglish-language courses. To facilitate this, professors structure assigned workfor certain courses in consideration of students’ bar exam preparation. Keio also
provides professors with greater flexibility in grading students in English-language
classes. This is helpful in allowing professors to evaluate J.D. students, exchange
students, and LL.M. students in light of their respective experience, English
language ability, preexisting legal knowledge, and other relevant circumstances,which makes these courses more accessible to J.D. students.
Some additional measures that Keio and other law schools are using to help
students build practical skills include the creation of clinical programs and forcredit internships, and opening certain courses to recent graduates who havetaken the bar exam and are awaiting their results. The former helps students get
direct, practical legal experience, while the latter allows students to supplement
their legal education after the pressure of bar exam preparation has beenrelieved. Finally, well-connected career support services offices could also help
students, especially those who do not pass the bar exam, find jobs working incompanies’ in-house legal departments or other positions that do not require alegal qualification in Japan. I expect we will see these and other novel measures
employed with increasing frequency as the legal education community continues
to adjust to the realities of the bar exam and the evolving legal market.

- 150 -

ANALYTICAL VERSUS SUBSTANTIVE APPROACHES IN AMERICAN AND JAPANESE LAW SCHOOLSANALYTICAL VERSUS SUBSTANTIVE APPROACHESIN AMERICAN AND JAPANESE LAW SCHOOLS
A. REID MONROE-SHERIDANASSISTANT PROFESSOR (特任講師), KEIO LAW SCHOOL

1ANALYTICAL VERSUSSUBSTANTIVE APPROACHESIN AMERICAN AND
JAPANESE LAW SCHOOLS

2
Analytical Versus Substantive
Approaches

ANALYTICAL VERSUS SUBSTANTIVE APPROACHES One striking difference when comparing the curriculum of top Japanese law schools to that of top

American law schools: in general, Japanese schools place a far greater emphasis on teaching andmemorizing the substance of the law and less emphasis on developing analytical skills.
With the establishment of Japanese law schools in 2004, classes did increase their focus on Socratic dialogue andanalytical skills, but the shift has been partial and seems to be reversing direction.

 In contrast, classes at top American law schools focus much more on legal analysis (often encouraging

creative analysis and wide-ranging debate) in the context of a particular area of law.

 A clear example of this contrast is visible in the number of “open book” final exams at American schools

compared to Japanese schools and the types of questions posed.

- 151 -

ANALYTICAL VERSUS SUBSTANTIVE APPROACHES Contention: For sophisticated legal work, issue-spotting analysis based on a solid understanding of thefoundational law is more valuable than a deep knowledge of specific legal provisions.


Lawyers now have immediate access to search laws, regulations, and cases (e.g., Google, Westlaw) andincreasingly to high-quality practitioner-generated guidance on analytical frameworks for addressing client
requests (e.g., Practical Law Company). This includes, for example, what problems to consider, typical laws toanalyze, etc., for certain types of client requests.

Legal problems for which the answer is clearly provided in existing rules or regulations typically do not form amajor part of the work handled by large and mid-sized law firms. The lawyers at the firms add value in part byoffering the ability to apply sophisticated legal analysis to complex facts.



Increasing complexity of regulation and increasing internationalization of legal work have it unrealistic for any
lawyer to have comprehensive knowledge of all law relevant to any moderately complicated matter. Lawyers must
think critically about possible legal issues, review law in relevant areas, and, often, consult with specialists.

 Nonetheless, there is a very good reason for the focus on black letter law in the Japanese curriculum.

3
Analytical Versus Substantive
Approaches

4
Bar Passage Rates

BAR PASSAGE RATESJapanese Bar Exam
SchoolNew York Bar Exam

Pass Rate (2016)

Non-LLB Takers

SchoolOverall

23.0%-

Overall

Pass Rate (2015)
56%

Hitotsubashi

49.6%

28%

Yale

97.1%

U. Tokyo

48.1%

28%

Harvard97.2%

U. Kyoto

47.3%

12%

Stanford

97.9%

Keio

44.3%

22%

Columbia

92.7%

Waseda35.9%

27%

University of Chicago

86.0%

Source: 司法試験合格者は１５８３人 昨年より２６７人減 法科大学院別の合格率一覧表付き (Sept. 7, 2016, 産経ニュース）; Hitotsubashi Law School Bar Pass Rate Data Compilation(https://www.hit-u.ac.jp/function/outside/news/2016/20160907.pdf); American Bar Association Form 509 Information Reports- 152 -

ANALYTICAL VERSUS SUBSTANTIVE APPROACHES IN AMERICAN AND JAPANESE LAW SCHOOLSANALYTICAL VERSUS SUBSTANTIVE APPROACHES Bar exam preparation time (estimates):Japan: Typically at least 1-2 years (or longer) of studying between 3 and 8 hours per day.



New York: Typically 1-2 months of studying 5-8 hours per day. (Official BarBri course is approximately 2.5
months with recommended study and class time of 8-10 hours per day.) American law students study a lot less and pass the bar at much higher rates.
 Consider this tension: A lower bar passage rate likely means that the students who do become lawyers

have higher levels of dedication and better knowledge of law than they would if the bar passage rate
were higher. However, it also creates a test-focused environment where the most talented students areless likely to have training in the skills that are most helpful once they become practitioners.

5
Analytical Versus Substantive
Approaches

6
Analytical Versus Substantive
Approaches

ANALYTICAL VERSUS SUBSTANTIVE APPROACHES What are Japanese students expected to learn in law school? Consider how this is shaped by thenecessity of preparing students for the bar exam.
Japan Association of Law Schools has provided a 200-page list of bullet points mostly listing hundreds of rules
and doctrines (共通的な到達目標). Although some schools (including Keio) have moved toward a broader andmore practical approach, this list remains very influential.

- 153 -

PARTIAL SOLUTIONSAssuming that bar exam reforms are unlikely, what other solutions exist?

“Natural” adjustment over time: The number of Japanese law schools is currently shrinking. As the number of schools is
reduced and admission to law school becomes more competitive, those students who are admitted to law school will bestronger candidates and more likely to pass the bar.



What proactive measures can law schools pursue?



If the bar pass rate begins to increase, this may attract more talented students who otherwise would avoid law school, thus
creating a beneficial cycle.
Consider the Keio model:


Exchange students and (soon) the LL.M. program provide a backbone for non-core courses with a focus on analysis and practical competency.

Motivated J.D. students have the opportunity to take these courses. Because the exchange students (and soon the LL.M. students) keep the classes
occupied, the opportunity is available even in years when few J.D. students are interested in such courses.

More flexible grading for English language classes allows students to avoid a grade “penalty” if they devote more time to their core courses.

Many professors consider the fact that Japanese students will be occupied with bar study when providing class assignments.

7
Partial Solutions

8
Partial Solutions

PARTIAL SOLUTIONS
 What proactive measures can law schools pursue (cont.)?


Build robust career support services for students who don’t pass the bar. Legal qualification not necessary to be
in-house legal staff in Japan.

Clinical programs and for-credit internships are both ways to help students gain experience and makeconnections with practitioners that may be useful in a future job search.



Increase the number of exchange students to help Japanese students build English legal communication skills
and provide support for non-core classes.



Offer analysis-focused courses for recent graduates who’ve already taken the bar exam but are waiting for results.

- 154 -DURATION OF THE SEMESTER

ON-SITE REPORT- 155 -

FROM LAW CLASSROOMS IN ASIAN UNIVERSITIESFROM LAW CLASSROOMSIN ASIAN UNIVERSITIES:
Short Report on the Collaboration Programin Vietnam and Cambodia

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

1. Introduction
FromMarch 6 to 20, 2017, Keio University Law School (KLS: Tokyo, Japan)
participated in a Collaboration Program for Comparative Legal Education with
the Vietnam National University of Economics and Law (UEL: Ho Chi Minh
City, Vietnam), and the Pannasastra University Faculty of Law and Public
Administration (PUC-FLPA: Phnom Penh, Cambodia). The program included
joint classes in which students and teachers could study materials and pedagogicalfeatures of the legal education of each university and discuss the future
development of various types of legal exchange programs. These joint classes
were held at UEL and PUC-FLPA. From KLS, 12 students participated (7 at UEL,
and 5 at PUC-FLPA), while around 30 Vietnamese students at UEL and around 20
Cambodian students at PUC-FLPA al took part.
The purpose of the Collaboration Program was to experience the differences oflegal education in terms of content, materials and pedagogical methods, to arriveat an understanding of their various political, economic and social backgrounds,
and to seek out the advantages of promoting further international exchange* Professor of Law at KLS, and 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).
- 157 -

with the purpose of advancing the development of legal education at each of theparticipating universities.
The major program components were: (a) lectures by foreign teachers about
current legal topics in their home country, (b) presentations by students on theirsolutions for applying the laws of their own countries to a common topic provided
to the students in advance1, followed by questions and discussions, and (c) classparticipation by foreign students at the host universities (UEL and PUC-FLPA).
This program was implemented as one of the Programs for Asian Global
Legal Professions (PAGLEP)2 and this was its first trial for holding joint classes
to promote international legal exchange between the law students and teachersof different countries in Asian regions. It is worthwhile, we believe, to record ourchallenges and findings for the further development of the PAGLEP.
In this report, we will introduce discussions at and findings from thepresentations by students on common topic (see (b) above) and the classparticipation (see (c) above) in Vietnam and Cambodia. It aims to find criteria
to characterize legal education in Asian universities for the further comparative
study.

2. Common Topic
2.1 Common Topic for Classroom Discussion
The following is the common topic assigned to the program students. It isbased on a case that actually occurred recently, and was provided in advance tothe participating students from Vietnam, Cambodia and Japan. The students wereasked to analyze the question given at the end of the topic and to suggest solutions
by applying the laws of their own country.
Ms. A owns a piece of land with a building on it in Vietnam, Cambodia or Japan(whichever is the student’s home country). She lives in the U.K. and asks Mr. B
1

As for the content of the Common Topic, see Section 2 below.

2

As for the general introduction of the PAGLEP, see [http://keiglad.keio.ac.jp/en/paglep/- 158 -

FROM LAW CLASSROOMS IN ASIAN UNIVERSITIES

to manage the land and building for her. B lends the building to Company C andconcludes a leasing contract for a duration of 2 years, with the provision that Company
C could cancel the lease by giving 3 months advance notice or by paying 3 months’
rent at the time of cancellation. The amount of rent agreed upon is USD 1000 per
month to be paid one year in advance. Company C pays USD 12000 to B, and takes
possession of the building to use as its office. After a year and a half has passed, B
and Company C negotiate the renewal of the contract and agree to continue under thesame conditions except for increasing the amount of rent to USD 1200 per month.
Around the same time, Ms A sells the land and building to Company D. B is toldof this transaction by A only after he has already agreed to renew the contract with
Company C, but B does not tell Company C of the change in ownership. C pays B torenew the lease for one year (USD 14400) and continues to use the building. After one
month had passed since the renewal of the contract, Ms A and Company D register
the transfer of title to the land and building, and Company D demands that Company C
vacate the building. Company C complains to B, who apologizes and explains that hehad thought Company D might agree to lend the building to Company C. B negotiateswith Company D to renew the lease contract, and Company D agrees to lease thebuilding to Company C under the same conditions previously agreed upon between B
and Company C, with the provision that Company D will retain USD 4400 of the USD
14400 one-year rent paid by Company C as a fee for renewing the lease. Company
D agrees to continue the lease contract with Company C, but demands a rent of
USD 1500 per month and an additional payment of USD 3600. However, Company C
refuses to accept the increase of rent and continues to negotiate with Company D, butthey are unable to reach an agreement. Company C investigates and finds anotherbuilding available for lease under almost the same conditions and decides to move,giving notice to B and Company D of its intent to cancel the lease with company D after
only 2 months since the contract was renewed. Company C demands a refund of theunused portion of the rent (USD 12000) that it had paid one year in advance, as well
as reimbursement of the USD 2000 it paid to investigate and enter into a new contract.
To whom, how much, and on what grounds may Company C demand repayment of therent and reimbursement of the moving costs?
- 159 -

There are two basic points to check in comparing the different solutions to thecase arrived at by applying the laws of the students’ own countries:
1) Who are the parties to the lease contract concluded between B andCompany C? What is B’s legal position in relation to Ms A?
2) Was the renewed contract concluded between B and Company C taken overby Company D or not and on what grounds?

2.2 Presentations and Discussions in Vietnam
2.2.1 Presentation by the Vietnamese Students
The Vietnamese students’ presentation started with an introduction to thegeneral rules regarding land ownership and legal agents in Vietnam. They
distributed a copy of the articles of the Civil Code relating to the case and theyread out the text of those articles. Then they directly applied the provisions of the
Civil Code articles to the case. For example, their response to the first question
was as follows. According to the Vietnamese Civil Code of 2015, all land in
Vietnam is owned by the nation and the government permits individuals to haveland use rights. However, people directly own the buildings on the land to which
they have land use rights. They can lease their land use rights and the buildings
to others. In addition, agents can act for the principals to conclude the lease
contracts. In this case, B is acting as an agent for Ms A. Therefore, the original
lease contract is between Ms A and Company C. Their explanation regarding thefirst point is thus very clear.
As for the second point, they simply concluded that B should refund themoney to Company C, because the renewed rent for one year was paid by
Company C to B, and the renewed contract was not taken over by Company D.
Therefore, Company C cannot demand a refund from Company D, but insteadshould demand reimbursement from B.
2.2.2 Presentation by the Japanese Students
The Japanese students’ presentation started with an explanation of the case.
They also explained the basic rules for lease contracts and agents in Japanese law- 160 -

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by citing various relevant articles. However, in applying the provisions of therelevant articles to the case, they also explained how either party could make aclaim or defense against a claim by applying procedures for civil conflicts referred
to as yōken jijitsu ().

Yōken jijitsu refers to the practice in Japanese civil procedure in which
both sides of a dispute must present legal foundations for their respective
arguments. It divides the burden of proof between the parties according to therelevant provisions of substantive law in which there are principle rules and thenexceptions to those rules (with further exceptions, and so on and so forth). The
plaintiff argues his/her claim and presents evidence derived from the principle
rules of substantive law. The defendant may concede or deny the facts presented
by plaintiff, or deny knowledge of the facts presented by the plaintiff. Even if the
defendant concedes a fact supporting the plaintiff’s claim, the defendant can stillpresent an exception to the principle rules as a defense.
The Japanese students analyzed whether Ms A and Company C had concluded
the lease contract by applying the yōken jijitsu principle. First, they quoted anarticle of law concerning the agent which states that a manifestation of intention
made by an agent representing that the same is made on behalf of the principal
within the scope of the agent's authority binds the principal (Article 99, Japan
Civil Code). They divided this phrase into the following elements: (1) the agent
was authorized by the principal before the contract; (2) the agent concluded
the contract; and (3) he showed that he was the principal’s agent. Second, they
picked up facts from the case to qualify these elements. Finally, they concluded
that the lease contract, including renewed contract, was concluded between A andCompany C through agent B.
As for the second point, the Japanese students found that there was no
explicit provision to be applied to the question and explained that the solution
was to apply a precedent which held that if Company C, the lessee, had acquired
possession of the building on the basis of a lease contract, then it was recognized
to have the right to oppose adding a third party to the lease contract between Ms A
and Company C. At the same time, third party Company D, which had taken over
- 161 -

Analysis of the caseby students

ownership of the leased building, could take over the lease contract in principle,
so long as all the parties, that is, A, C and D, did not demand otherwise 3.
According to this precedent, the new owner takes over the status of lessor. As aresult, Company D, as the new lessor, has obligations to Company C, the lessee.
When Company C canceled the lease contract in accordance with provisions in
the contract, it could claim reimbursement from Company D, as also provided forin the lease contract.

3

Supreme Court, Judgment, 23 April 1971, Minshu Vol.25, No.3, at 388.
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2.3 Discussions and Findings
First, the students discussed whether the lease contract between Ms A andCompany C succeeded to Company D or not4. On this point, students had different
opinions.
The Vietnamese students understood the renewed contract between Ms A andCompany C, which was concluded by Ms A’s agent B, to be invalid because B
lost the status of agent when ownership of the property was transferred from Ms
A to Company D. However, the Japanese students claimed that the lease contract
was renewed before the property was transferred from Ms A to Company D, andeven if B had lost his status as Ms A’s agent, B had paid money to Company D,
and therefore Company D had acknowledged B as the agent. On this point, theVietnamese students expressed some concern, citing the relevant articles of law.
First, they explained about Article 478, Paragraph (2) of the Vietnamese
Civil Code of 2015 5. According to this provision, if a conflict occurs overownership of leased property, the lessee can terminate the lease contract andclaim compensation for damages from the lessor. Secondly, they explained about
Article 133, Paragraph (2) of the Vietnamese Civil Code of 20156. This provision
concerns the protection of the good faith of a third party. Students discussed
whether Company D could demand that Company C vacate the building, if
Company D did not know about the lease contract between Ms A and Company
C when it concluded the sales contract with Ms A. However, they noted that these4

If Company D does not take over the lease contract concluded between Ms A and Company

C, it is explained that the sales contract for the land and building concluded between Ms
A and Company D ends the lease relationship between Ms A and Company (emptio tollit
locatum).
5

Article 478 (2) Vietnamese Civil Code: In the event of a dispute as to the ownership rights

with respect to leased property, which interferes with use of that property by the lessee, thelessee has the right to terminate unilaterally the performance of the contract and demandcompensation for damage.
6

Article 133 (3) Vietnamese Civil Code: The owner of a property shall have no right toreclaim the property from the bona fide third party if the transaction with such party remains
valid as prescribed in Clause (2) of this Article, but the owner may proceed against the party
at fault to refund appropriate expenses and compensate for his/her damage.
- 163 -

Discussion of the students
in UEL

articles did not directly address the problem of whether or not the lease contract
between Ms A and Company C succeeded to Company D. Students discussed fora long time, but could not reach a conclusion.

2.4 Presentations and Discussions in Cambodia
In Cambodia, the Japanese students made a presentation on the Common
Topic (2.1 above) and the Cambodian students made some comments fromthe viewpoint of the Cambodian Civil Code. The presentation by the Japanese
students was the same as that made in Vietnam. They said that the renewed lease
contract was succeeded by Company D, and because Company C canceled thelease, in accordance with the provisions of lease contract, Company C could claim
reimbursement from Company D, also as provided for in the lease contract.
2.4.1 Discussions and Findings
Discussion began with the confirmation of the facts of the case. The
Cambodian students explained that, according to Article 598 paragraph (1) of theCambodian Civil Code7, a lessee can claim legal status to a new owner as long7

Article 598 Cambodian Civil Code (Conditions for perfection of lease of immovable): (1)A lease of an immovable may be held up against a subsequent acquirer of any real right overthe immovable by virtue of the fact that the lessee has occupied, and continuously used andprofited from the leased immovable.
- 164 -

FROM LAW CLASSROOMS IN ASIAN UNIVERSITIES

as the lessee is in possession of the leased property. In this case, Company C
possessed the leased property, and therefore could claim the right of lessee even
if Company D was the new owner. As a result, Company C could cancel the lease
contract with Company D and demand reimbursement in accordance with theprovisions of the lease contract.
Thus the Japanese students and the Cambodian students came to the sameconclusion, but their approach was not identical. The Japanese students usedprecedent (the Supreme Court decision) to solve the case, because there is no
article in the Japanese Civil Code which explicitly stipulates the succession of alease contract by the new owner of leased property8.
It is taught in Japanese legal doctrine that the effect of a lease contract isrelative between the parties. If the leased property is sold to a new owner, thelessee cannot claim the right of lessee against the new owner who is a third
party. This means that the sales contract “breaks” the lease contract (emtio tollit
locatum). This conclusion comes from the strict provision that real rights (suchas ownership) can be opposable against a third party while claim rights (such as
the rights of a lessee) cannot be opposable against a third party. However, fromthe viewpoint of the need to protect the right of the lessee, this formal and strict
doctrine has been amended by precedents and special laws, such as the Act on
Land and Building Leases, which recognize exceptions to the principle of “sales
contract breaks lease contract.” As a result, the legal status of the lessee has beenstrengthened.
In Cambodia, there is an article in the Civil Code itself which explicitly
protects the status of the lessee. This means that the protection of the lessee is aprinciple of law in Cambodia, and this is recognized as a progressive feature of
the Cambodian Civil Code.

8

As result of the recent amendment to the Civil Code (promulgated on 2 June 2017, Law No.

44), the lease contract succeeds to the new owner if the lessee had acquired the registrationof the right of lessee or possession of the leased building before the new owner registered thetransfer of ownership (Art. 605-2, Japanese Civil Code).
- 165 -

Discussion of the students
in Pannasastra university

2.5 Conclusion of the Program
We used and studied the same topic in Vietnam, Cambodia and Japan.
While it was found, on the one hand, that the analyses of the case, approaches
to the question, and the conclusions were not identical, on the other hand, it wascommonly observed that every student tried to solve the case by identifying theparticular rules of law (or precedents) and applying them to the case before us.
The Civil Codes seemed to be very familiar among the students. The Vietnam
Civil Code was enacted in 1995 (amended in 2005 and in 2015), the Cambodian
Civil Code, in 2004, and the Japanese Civil Code, in 1896 (with significant
amendments in 1946 and in 2017). Given this, it seems that we have been sharing
similar patterns of a gradual spread of the rule of law, starting from identifying theparticular rule of law (or precedent) to be applied to the case.
It seemed that finding the relevant article in the Civil Code was the mostimportant skill for the Vietnamese and Cambodian students. Especially in
Vietnam, we found that many students were quick to show they knew the content
of particular articles without ever opening any books to check, but they had
difficulty solving the question when there did not seem to be any provisions oflaw that directly and clearly addressed the case. This suggests that the next stepin legal education may be to teach interpretation of law so as to cover cases forwhich there seem to be no directly applicable provisions. It is no accident that theVietnamese government has, since April 2016, institutionalized the continuous- 166 -

FROM LAW CLASSROOMS IN ASIAN UNIVERSITIES

publication of selected decisions of the Supreme Court by authorizing them as
precedents9. Based on these precedents, the interpretation of existing provisionsof law may become more popular in Vietnam, which will cover cases where thelegal provisions are not directly applicable. A similar process may also occur in
Cambodia so as to cover cases that are not provided for by the provisions of law10.
Throughout the study of the Common Topic, we shared the similarities anddifferences of our respective legal solutions to the case. We also realized thata simple comparison of the characteristic approach would not be so fruitful.
Rather, we needed to understand the characteristic approaches of the Vietnamese,
Cambodian and Japanese students within the context of a process of dynamicchange in response to political, economic and legal circumstances as well as the
publication of case law. In this dynamic viewpoint of legal development, we canfind a number of useful devices that should contribute to the further developmentof legal education in each country.

9

The Vietnamese government published 10 precedents in April 2016. Council of Justice

The Supreme People’s Court, 2015, No. 03/2015/NQ-HDTP, [online] , 28 Jul. Available at<http://vbpl.vn/TW/Pages/vbpq-toanvan.aspx?ItemID=92535 > (Accessed 27 Jul. 2017 ). It
also announced that related organizations, including the Vietnamese Bar Association, would
provide information about precedents to be recommended as authorized precedents. It is
expected the Vietnamese government will continue to accumulate precedents, which will
greatly improve the knowledge and skills for interpretation of law through the critical studyof them in universities.
10

The Cambodian Ministry of Justice has a plan to compile case law and publish it in what

would be one of the major components of legal cooperation between Cambodia and Japan,
the Legal and Judicial Development Project (Phase 5) of the Japan International Cooperation
Agency (JICA). The Bar Association of the Kingdom of Cambodia also has a desire to
publish a critical study of judgments in its journal. JICA, Legal and Judicial Development
Project (Phase V), [online] June 24, 2017. Available at <http://gwweb.jica.go.jp/KM/
ProjectView.nsf/11964ab4b26187f649256bf300087d03/a3946086e3ce0e3a492580a00079df2
5?OpenDocument> [Accessed on July 27, 2017].
- 167 -

3 Class Participation
3.1 About Class Participation
As a part of the Collaboration Program, the Japanese students and teachers
participated in classes at UEL and PUC-FLPA. In this section, we will introduce
the content and teaching styles of these classes, and our findings.

3.2 UEL3.2.1 Content of the ClassOn March 10, 2017, we participated in the International Business Law Classfor undergraduates at UEL.
The topic was the WTO Dispute Settlement System. The teaching style wascase method study. Before the class, the teacher provided an assignment that
included 13 questions and a case study related to the topic to be discussed later inthe class.
The 13 questions were general and simple ones about the WTO disputesettlement. For instance, they included the following questions: “What are
differences between the GATT and WTO’s dispute settlement system [?]” and “Cana member challenge the WTO consistency of measure by a private party?”
The case study, however, was more complicated and longer than the questions.
It involved an imaginary dispute between Country A and Country B. Country A
is the world largest producer and exporter of LED displays. However, recently
Country B has been producing and exporting good quality LED displays and has
become a competitor of Country A. To protect domestic industry, the governmentof Country A decided to limit the import of LED displays. The governmentof Country B is concerned by Country A’s decision and decides to challenge
the consistency of the WTO in handling this matter. A lawyer is asked by thegovernment of Country B to advise on the procedural and systemic issues arisingin the course of the dispute settlement proceedings in Geneva. In the course of
the proceedings, some situations arise. Students were tasked with analyzing thevarious situations and giving appropriate advice to Country B.

- 168 -

FROM LAW CLASSROOMS IN ASIAN UNIVERSITIESContents of the text book3.2.2 Findings
The teacher used the case method style. The case and questions were original.
From our viewpoint, it is very challenging to use the case method style in a WTO
law class because the case is long and complicated. In addition, the class wastaught in English. The class seemed to be very successful. We think that there are
two reasons: (1) the teacher skillfully combined the case method style and lecture
style approaches; (2) the class size was not big so that the teacher could use groupwork.
Regarding reason (1), the teacher did not require students to prepare perfectanswers before the class, but he did ask students to answer questions during theclass. At the beginning of the class, he explained about the case and the topic forthe day. The lecture focused on the key points of the case. After that, students
formed small groups and discussed each of the questions. Students shared theiropinions with other group members. At the end of the class, each group answeredquestions. Finally, the teacher summarized the topic of the day. This combinationof lecture and group work enabled the students to answer questions on their own,even though the case was long and complicated.
As for reason (2), the class only had 24 students. It was not big but a good sizefor group work. The teacher could pay attention to individual students. And thestudents also could ask the teacher questions any time during the class. Sometimes
the teacher and students discussed with each other. In the class, one boy student- 169 -

answered a question, but his answer was wrong. The teacher explained the correct
answer, but the student could not understand the explanation. He asked again toclarify the reason. They debated for a while and finally the student was able tounderstand the explanation. The group work also created an environment in which
the students could help each other.
If the class had been larger, the situation might have been different. In Japan,
most undergraduate classes, except for seminar style classes, have more than one
hundred students. Therefore, most teachers teach using the lecture style. This is
the normal teaching style for a large class. However, it tends to be a one-sided
explanation and it is hard for the teacher to pay attention to each student. Teachers
always say, “If you have any questions, please ask me anytime,” but students arehesitant to ask. Worse than that, some students come to class just for attendance.
Law school classes are smaller than undergraduate courses, but even law schools
have difficulty taking care of individual students.
The WTO law class at UEL was an inspiration and provided new tactics forthe case method teaching style. The topic concerned the WTO dispute settlement
system and the teacher used a case that would illustrate the process of WTO
dispute resolution. Students were tasked with finding the relevant articles ofrelated laws. The case was long, but by following the articles and processes,
students were finally able to arrive at an answer. However, actual legal disputes
are more complicated and we cannot solve a conflict just by applying the
stipulated provisions of law. We will sometimes need to interpret individual
provisions of law to find a solution to a case. We need to improve the case method
style by presenting case studies that need to be resolved not only by directly
applying relevant articles in applicable laws, but also by interpreting existing laws
to find the rules that are not written into law.

3.3 PUC-FLPA
3.3.1 Content of the ClassOn March 17, 2017, the Japanese students and teachers observed a Business
Law class at the Pannasastra University Faculty of Law and Public Administration- 170 -

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Presentatuon by students

Business logo desighend by
students(PUC-FLPA). The uniqueness of this class was that students simulated theestablishment of a business. They decided to start a certain business project bythemselves and researched the application processes provided for by laws andregulations. In the final class, they present how to start their business according tothose laws and regulations.
We observed seven group presentations. Each group made a presentation
about their business project including the reason for the choice, targets of thebusiness, location, logos, the type of business, and so on. Most of groups chosethe restaurant business, and as the business type, every group chose partnership.
Students explained the legal processes through role play. Some students
played the role of clients and others, lawyers. Students who were clients asked
legal questions of the students who were lawyers. They asked, for example, howlong and how much it would take to get a certificate for the business, what kind of
application was needed, what kind of regulations did the government have, and so- 171 -

on. At the conclusion of the presentation, the students summarized the necessary
legal process for starting a business.
3.3.2 Findings
When we start a new business, we have to consider a lot of things: businessactivities, logos, advertisements, marketing strategies, type of company, how
to get permissions, licenses, and so on. This class assigned students to make apresentation on how to establish a new business under the conditions of existinglaws and regulations. Throughout their study, students learned the actual legal
process for the establishment of businesses.
In Cambodia, it is hard to study law based on legal practice, because
judgments are not made public, and this is a major issue in Cambodia. However,this class seemed to be trying to overcome this issue. The class was a businesssimulation, but it made students study law from the perspective of legal practicebecause they had to make field studies of which government authority had theright to give permission, how long it took to get permission, and so on.
This teaching and learning style seemed to be very useful for people who
would like to start a new business in Cambodia where business chances have been
expanding, but at the same time, it is hard to get sufficient legal information on
one’s own. This class provided the key for starting a new business and how to get
the necessary information. Some students actually chose the class for their own
future business possibilities. A girl student who wanted to start a business at theNight Market, said that if she asked consultant offices how to start a business, theywould charge her a lot of money. But now she could start her business for herself,
because she had learned the whole process for establishing a business.

3.4 Conclusion on the Class Participations
In the Business Law class in Cambodia student presentations were based on
legal practice. However, sometimes explanations about the same business weredifferent, even though the business activities were the same. For example, twogroups made presentations on establishing a bakery shop. But their explanations- 172 -

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about the application process to get government permission were different. We
wondered which answer was correct.
However, such situations apparently happen frequently and government
officers sometimes answer differently, as they interpret the requirements forapplication differently. The participants could understand how the situation was
problematic.

4. Conclusion
4.1 Possibilities in the Changing Focus on Legal Education
The use of a Common Topic requiring students to find a solution to a caseby applying the laws of their respective countries seems to be effective, notonly to increase knowledge of the function of law in foreign countries fromthe viewpoint of comparative law, but also to better understand the differencesin analysis and fact-finding, and to realize that there are cases which cannot
be resolved by applying existing provisions of law, but which require that
there be an interpretation of law. The differences in approach appear to reflect
the characteristics of the legal education the students have had at their home
universities.
For students in Vietnam and Cambodia, black letter laws seem to be morecrucial to solving conflicts, and thus the main focus of the students was to find theappropriate laws and regulations for the case before them and to apply them tothat case. Their approach was considered the essence of finding a legal solution to
the conflicts in the case. A case for which no applicable black letter laws exist is
not conceived of, and thus is not the main focus of the students.
In contrast, for the Japanese students, most materials they deliberate in theclassroom are cases without any directly applicable laws, so that they need tointerpret the existing laws which are closest to the case and to find precedents forthe same or similar cases.
The differences in focus of the students can be attributed to the different
circumstances of their legal education and of the major pedagogical method
adopted in their respective countries. If precedents are made public and published- 173 -

in official reports and law journals in Cambodia and Vietnam11, the focus oflegal education and the pedagogical method may change in those countries inaccordance with the increase in legal education of more practical cases.
The change of focus in legal education will be facilitated with the increase of
more complicated cases which are not provided for in the laws but that are likely
to occur with greater frequency with the rapid expansion of economic activities inVietnam and Cambodia.
The social needs that jurisprudence is expected to address will change alongwith changes in economic, political, and social conditions. It is important that law
schools provide the kind of legal education that will meet those needs of society.
The degree of legal knowledge and skills in the interpretation of law that are
required will depend on social needs, and will determine the basic characteristicsof legal education in each country. The proper understanding of this basic
character of legal education will greatly contribute to developing programs forforeign students. It will also deepen the dynamic theory of interpretation of law
that takes into consideration changing economic and social conditions.

4.2 Mutual Impacts of the Different Pedagogical Methods for Legal
Education
There are various types of effective teaching and learning methods for legal
education. The experience of participating in the law classrooms of foreigncountries, and observing teachers apply more effective pedagogical methods,
through a trial and error process, is fruitful for both students and teachers andwill help them to improve their learning styles and teaching methods. The uniquedevices we observed can be effectively shared by all classroom participants, andthere seems ample room to combine the various unique pedagogical methods tofurther improve legal education. For that purpose, however, the collaboration
programs between students and teachers need to be continued and extended toother universities starting from those in Asian countries.

11

See footnotes 11 and 12 above.
- 174 -

MATERIALDURATION OF THE SEMESTER
Aug
B M E

Sep
B M E

Oct
B M E

Nov
B M E

Dec
B M E

Semester I

HLU (Hanoi, VN)

Fall Semester

UEL(Ho Chi Minh,VN)

Summer Term

PUC(CAM)

Semester I

LNL (LAO)

Semester I

TML (THA)YUL (MMR)

Semester I

Fall Semester

KLS (JPN)

Hanoi Law University, Vietnam (HLU, VN)
University of Economic and Law in Ho Chi Minh City, Vietnam (UEL, VN)
Pannasastra University, Faculty of Law and Public Affairs in Cambodia (PUC, CAM)
National University of Laos, Faculty of Law and Politics in Laos (LNL, LAO)
Thammasat University, Faculty of Law in Thailand (TML, THA)
Yangon University, Faculty of Law in Myanmar (YUL, MMR)
Keio University Law School (KLS, JPN)
- 176 -DURATION OF THE SEMESTER

Jan
B M E

Feb
B M E

Mar
B M E

Apr
B M E

May
B M E

Jun
B M E

Jul
B M E
SummerIntensive

Semester II

SummerSemesterSpring Semester

Semester II

Semester I

Semester II
Internship Course

Thesis Defense(Faculty of Law 4th Grade)(Faculty of Law 4th Grade)

Semester II

Semester II

Spring Semester- 177 -

B=Beginning
M=Middle
E=End

INDEXA
academic education
AEC

88

Africa6

10

19

dual-degree

135

dynamic comparison

American Bar Association
American model
application of law

ERASMUS
43

EU

9

5

5

exchange program

149

5, 25, 86

ASEAN Law AssociationF

5

fact finding

B

Francebar exam

147

9, 17318

French colonization

black letter law

6, 145, 173

French system

C164

Global Legal Professions

132, 167

case method

globalization

168

6, 167

civil law22, 25, 96

7Hclassroom education

11

Ho Chi Minh thoughtclient consultation79

hybrid legal systemclinical legal educationcommercial court
common law

I25, 96

contract writing

interpretion of law

22, 47

customary law

79

Japanese Civil Code

J

4

55

JICA

7, 24

joint-degree

D
Democratic Republic of Germany

6, 8, 9, 31, 32, 34,

135, 166, 173

8, 134

culture of lawfulness

47
57

118

62

Communist Party

i, 12

43

governancechangeculture56

56

G

Cambodian Civil Codecase law12E6, 148145

Anglo-Saxon legal culture
ASEAN

double degree

judgment
18

135
172

judicial system- 178 -

60

165

INDEX

justice system

4

Romano-Germanic legal culture
rote learning

L

rule of law

Latin America

11, 1154, 109, 117, 166

6

Law and DevelopmentS6

law school

10, 131, 174

seminarlaw-making

9social needs

8, 174social system

22

lecture11, 20, 49, 169

legal analysis

145

legal assistance6

legal clinic

20

socialist countrysocialist law

11, 79, 85, 118

2225

sources of law

23, 57

legal cooperation

6

Soviet Union

18

legal development

167

spirit of law

95

21, 172

statutory law

55

legal practicelegal profession

12, 134

legal professional

6

legal rule

student-centered strategy

T8

legal system

3teaching method

legal theory

44

theorylegal tradition

25

legal vacuum

56

legislation

23, 31

146

U
UNDP

118

United States

Marxist-Leninist ideology

22, 47

USAID

133

24

6

MERCOSUR

V

5

micro comparison

12

mock trials

11, 118, 135moot court

11, 118

Vietnamese Civil Code160

vocational education

10, 45W

PWorld Bank

pedagogical method
political ideology

4, 10, 145, 157, 173

WTO

100

7, 100Y

practical skill

20, 149

yōken jijitsu

precedent

161, 165, 173

problem-solving

6

24

politicization

135

R
reason20, 4920

thinking like a lawyerMmemorizing

84

8- 179 -

161

42

ABOUT KEIGLAD

KEIGLAD - Keio Institute for Global Law and Development
We, Keio Institution for Global Law and Development, KEIGLAD is establishedin order to assist 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 in 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.

- 181 -

ABOUT THE AUTHORS

Naoya Katayama
Dean, Professor, Keio University Law School, Japan

Hiroshi Matsuo
Director, KEIGLAD; Professor, Keio University Law School, Japan

Phan Thi Lan Huong
Deputy Head, International Cooperation; Professor, Department of Hanoi Law
University, Vietnam

Shohei Sugita
Assistant Professor of Nagoya University, Japan

Nguyen Ngoc DienVice-Rector, Associate Professor, the Vietnam National University of Economics and
Law in Ho Chi Minh City, Vietnam

Kong Phallack
Dean, Professor, Faculty of Law and Public Affairs, Pannasastra University of
Cambodia

Viengvilay Thiengchanhxay
Dean, Associate Professor, Faculty of Law and Political Science, National Universityof Laos- 182 -

Noppadon Detsomboonrut
Assistant to the Dean, Faculty of Law, Thammasat University, Thailand

Khin Mar Yee
Head of Department of Law, Professor, University of Yangon, Myanmar

Rikako Watai
Professor, Keio University Law School, Japan

A. Reid Monroe-Sheridan
Assistant Professor, Keio University Law School, Japan

Hitomi Fukasawa
Researcher, KEIGLAD, Japan- 183 -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

Comparative Legal Education from Asian Perspective
Programs for Asian Global Legal Professions Series Ⅰ2017 年 8 月 28 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©2017 KEIGLAD
Printed in Japan ISBN978-4-7664-2463-8
落丁・乱丁本はお取替致します。