GMAP in Law
Kobe University
Graduate Schoolof Law

GMAP in Law NEWSLETTERSEPTEMBER
2015

Sixth Issue
Kobe University’s Summer School
Asian Law and Management 2015:
Part 2
Part 2 of Kobe University’s Summer School of Asian Law and
Dispute Management (“Kobe SALAD 2015”) continued frompart 1 and was held from the 24th to the 28th of August 2015.

InsideKobe
University’s
SummerSchool
Asian
Law
and
Management 2015 Part 2

Similar to part 1, the participants for part 2 consisted of various
professors, practising lawyers, lecturers and law students fromJapan, Korea, Malaysia, Indonesia, Hong Kong, China, Taiwan
and Vietnam.

A continuation from our Fifth
Issue! Look inside to learn about
the speakers for Part 2 of theKobe SALAD 2015

The remaining 5-days of part 2 of the Kobe SALAD 2015 covers
the following topics:

1

Lecture Title: Recent Development of Competition Law in
Malaysia
Speaker: Professor Safinaz Mohd. Hussein, Associate professorof the Law Faculty of University Kebangsaan Malaysia (“UKM”)(Malaysia National University) graduated from the University of
New South Wales of Australia with her LL.M in 1996 andVocabulary Corner
Test your vocabulary!

3

Day 1: 24 August 2015

Follow me to Page

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joining UKM where she served as the Head of Quality Assurance for the Law Faculty from 2009 to
2011. She has also served as the Deputy Director of Audit & Assessment for the Centre for Quality
Assurance from 2011 to 2014. She obtained a doctorate degree in philosophy from the Universiti
Islam Antarabangsa (International Islam University) and has actively participated in training
programmes, which includes the Introductory Certificate in Arbitration by the Chartered Institute of
Arbitrators and Mediation Skills Training by the Malaysian Bar. Her research currently focuses on theProtection of Intangible Heritage in Malaysia and Dispute Resolution Mediation Process. She is also
the editor for the Malaysian Consumer Law Journal and Melaka Journal of Heritage.
Lecture Title: Development of Legal Environment in South China
Speaker: Professor Xiong Jincai is a Professor of Civil and Commercial Law at Shantou University,
China. He holds a Ph.D. in civil and commercial law from Xiamen University, China, and after
graduating from Jilin University with a Bachelor Degree in English Linguistics he headed off to the
New York City University for his further studies. After working at Hunan University for ten years, hedecided to continue his studies in the China University of Political Science and Law, and obtained
his LL.M in 2005. He has conducted deep and extensive research in the linguistics and legal field
and his current research focuses on family law and laws of civil partnership and legal recognition.
Lecture Title: Doing Business in Taiwan: From a viewpoint of Legal Environment
Speaker: Mr. Wen-Chih Chen, associate partner at Formosa Transnational Attorneys at Law,
Taiwan, graduated from the National Taiwan University and went on to pursue his LL.M at Kobe
University, and his Ph.D. in law at the London School of Law. As a lawyer, he specialises in Business
Law, especially Corporate and Commercial Law, and International Trade and Investment Law. He
has published many papers and delivered many reports in Chinese and Japanese.
Lecture Title: Global (Administrative) Law and Japan: Between Statehood and Public-ness
Speaker: Associate Professor Yukio Okitsu of the Faculty of Law of Kobe University a graduate fromthe University of Tokyo, has also studied at the University of Paris II where he obtained his LL.M. hisarea of study is public law, particularly French public law. He has also worked as a Global
Research Fellow at New York University of Law for the past year before his return to the University
last month.
Day 2: 25 August 2015
Lecture Title: Draft Bill of Indonesian Privacy and Personal Data Protection 2015-09-09
Speaker: Professor Ida Bagus Rahmadi Supancana from the Catholic University of AtmajayaIndonesia, graduated from the Padjadjaran University, Bandung with his Law Degree inInternational Law with the thesis ‘International Liability for Damages caused by Space Objects’, hethen went on to obtain his Master of Law Degree in Business Law at the University of Indonesia,
Jakarta with the thesis ‘Formulating Legal Framework for Commercialisation of Communication
Satellites’ before obtaining his Doctor of International law, specialising in International Law, inparticular Air & Space Law from the State University of Leiden, the Netherlands with thedissertation the International Regime Regulatory Regime Governing the Utilisation of Earth Orbits.
Lecture Title: Telecommunication Law from ESA’s Perspective

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Speaker: Mr Alexander Soucek, is the Programme Coordinator
for Earth Observation at the European Space Agency (ESA). He
was previously a Young Graduate Trainee at ESA where hefocused on international data policy and legal aspects of earth
observation. He has done extensive research in the field ofspace law and policy at the Space Policy Institute at George
Washington University in Washington, DC; the NASA Flight Centre
in nearby Greenbelt, Maryland; the United Nations Office forOuter Space Affairs in Vienna, Austria; and the German Space
Operations near Munich. He also worked as a scientific assistantin international law at the University of Salzburg. He is a memberof the European Centre for Space LAW (ECSL), editor of theSpace Law Newsletter Austria, and project leader of a variety ofspace outreach programmes, among those Austria’s largest
Youth Space Competition to date, “Spacecity Salzburg” in 2001.
Mr Soucek studied law in Salzburg, Austria and had previously
earned a Master’s degree in Space Studies from theInternational Space University in Strasbourg, France.
LectureTitle:
Principles
andRegulationoftheTelecommunication Market
Speaker: Professor Phillippe Achilleas, from Paris XI University
obtained his degree of Doctorate in International and European
Law, with honours from University Pantheon – Sorbonne (Paris I).
Professor Achilleas specialises in International and European
Law; Space Law; Telecommunications Law; and Media Law. He
is also the Director of the Master’s Programme in Space andTelecommunications Law (University of Paris Sud) and Director of
the Institute of Space and Telecommunications Law (IDEST).
Lecture Title: Standards, Interoperability and Competition on
the Internet
Speaker: Professor Yun Zhao from the Hong Kong University,
China is a graduate from the China University of Political
Science and Law; he also holds a LL.M from Leiden University
and a Ph.D. from Erasmus University. He is currently the Directorof the Centre for Chinese Law at Hong Kong University where heteaches Introduction to Chinese Law, China Trade Law, China
Information Technology Law, and Online Dispute Resolution. He
is on the panel of arbitrators for various institutions including theHong Kong International Arbitration Centre, the Asian Domain
Name Dispute Resolution Centre, and the Online Dispute
Resolution Centre of the China International Economic andTrade Arbitration Commission in Beijing. He is also a founding
Council Member of the Hong Kong Internet Forum, Honorary

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Member of the Hong Kong Construction Arbitration Centre, and a member of the International
Institute of Space Law at Paris.
Lecture Title: Prohibition of Harmful Interference to Satellite Communications by ITU Law
Speaker: Dr Yuri Takaya from Kobe University, obtained her B.A. fromWaseda University, Japan; her LL.M. from Leiden University and her Ph.D.
from the Paris XI University, France with her dissertation “Space Security andInternational Law: Verification and Monitoring Mechanisms”. She teaches
international space law at the University. Prior to her stint at the University
she worked at the United Nations Office for Outer Space Affairs as an interninvolved in designing websites for national space legislation and organisinga series of GNSS workshops. She has also worked at a private company
related to space tourism and a governmental entity.
Day 3: 26 August 2015
Lecture Title: Central Asian Countries and International Investment Agreement
Speaker: Assistant Professor Alisher Umirdinov from the Graduate School ofLaw, Nagoya University obtained his bachelors in law from the Tashkent State
Institute of Law, Uzbekistan before attending Nagoya University for his Masters
in Law and his Doctors in Law in Comparative Law. He conducted his postdoctoral research at the School of Law, SOAS at the University of London
before his current designation as an Assistant Professor at the Institute ofAdvanced Research at Nagoya University. He specialises in International
Investment Law and Central Asian Legal Studies (Competition Law and
Policy; Energy Law and Policy; and Commercial Arbitration).

Lecture Title: Central Asian Countries and Investor-State Dispute Settlement
Speaker: Ms Diora Ziyaeva is an attorney in the New York office of Curtis, Mallet-Prevost, Colt &Mosle LLP. Her practise focuses on investor-state arbitration, commercial arbitration and on issues
and disputes relating to public international law, as well as corporate law with an emphasis on theoil and gas and construction sectors. Ms Ziyaeva has been involved in several important
proceedings under the rules of the International Centre for Settlement of Investment Disputes(“ICSID”), International Chamber of Commerce (“ICC”), and the United Nations Commission on
International Trade Law (“UNCITRAL”).

** The rest of Day 3 proceeded with the Space Law Symposium: Legal Issues on Space Businessunder International Cooperation, which the following topics were discussed.
Lecture Title: Legal Issues on Satellite-based Big Data and Space BusinessSpeaker: Mr Alexander Soucek from the European Space Agency.
Lecture Title: Commercialisation of Telecommunications Services
Speaker: Professor Yun Zhao from the University of Hong Kong.
Lecture Title: Indonesian Space Act 2013: Vision, Formulation and4

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Challenges for Implementation
Speaker: Professor Ida Bagus Rahmadi Supancana from the
Catholic University of Atmajaya, Indonesia.
Lecture Title: Export Control Issues over Space Technology inFranceSpeaker: Professor Philippe Achilleas from the Paris XI
University, France.
Day 4: 27 August 2015
Lecture Title: Basic Understanding of the WTO Legal Disciplines
and how it functions
Speaker: Mr Hiromi Yano, Counsellor of the Rules Division of
the World Trade Organisation for the past twelve years was a
graduate of the University of Tokyo, specialising inInternational Law before continuing his studies at Harvard
University, Jon F. Kennedy School of Government for his
Master in Public Administration. His area of expertise is inInternational Trade Law and International Law.
Lecture Title: Basic Principles and General Exceptions under
the GATT: A Case Study of Export Restraints
Speaker: Professor Fujio Kawashima, from Nagoya University’s
Graduate School of International Development specialises inInternational Economic Law and Anti-monopoly law /Competition Law. A graduate from the University of Tokyo, his
area of research includes the Effectiveness of disputesettlement in international economic law; trade anddevelopment in WTO law; legal issued related to market
access and the reform toward a market economy in China
after its accession to the WTO; and development of Asiancompetition laws and comparison among them.
Lecture Title: Labelling and WTO Law: Towards Sustainable
Trade and Consumption
Speaker: Associate Professor Yoshiko Naiki of the Osaka
Graduate School of International Public Policy, Osaka
University graduated from the International Christian
University, Division of International Studies Japan; she had also
participated in an exchange programme at the University ofMaastricht (formerly the University of Limburg), faculty of Law
in the Netherlands in it’s exchange programme on Study ofInternational European Law. She then proceeded to obtainher Master’s Degree in International Public Policy at the
Osaka School of International Public Policy, Osaka University
followed by her Ph.D. in International Public Policy from thePlaces to go:
Shirahama
Summer has ended with thefading sound of the cicadas
giving way to autumn; hopefully
everyone has had a chance toenjoy their summer this year.
With the hot sun and good
weather – especially in mid
August, what better way to have
had spent your summer than at
the beach?
One of the nearest and mostpopular beaches from Kobe islocated at Shirahama in the
Wakayama District.
Known as one of Japan’s threebiggest onsen resorts, the name
Shirahama refers to the whitebeach, which stretches 500
metres long.
Maybe next year you can enjoy
playing in the waves before
heading for a dip in the onsen;
Shirahama packs an outdoor
onsen located right along theseashore where you can enjoy
the view of the sea as you soakin the rich water of the onsen.
ccws.

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same university. Before taking up her teaching position at Osaka University, Professor Naiki hasserved as an associate at the University of Tokyo’s Foreign Law Centre, Faculty of Law and at theMultilateral Trade Policy Bureau, Minister of Economy, Trade and Industry of Japan as a Deputy
Director.
Lecture Title: Explaining the Pattern and Variation of SPS Disputes: Phytosanitary Issues
Speaker: Mr Yasuro Funaki from the Ministry of Agriculture, Forestry & Fisheries (MAFF), is a doctoralcandidate from the National Graduate Institute for Policy Studies (GRIPS) / International Research
Division, AFFRC, MAFF.
Day 5: 28 August 2015
Lecture Title: Korea’s Policy on IIAs and ISDS
Speaker: Professor Hi-Taek Shin is a Professor of Law at Seoul National University School of Law andthe director of the Centre for International Economic and Business Law at Seoul National University.
He received the J.S.D degree from Yale Law School, and is an expert in international investment
law and cross-border M&A transactions. Prior to joining the law faculty at Seoul National University,
Professor Shin was a partner at the leading Korean law firm of Kim & Chang where he specialized inmergers and acquisitions, foreign direct investment, and resolution of disputes arising from crossborder investment projects, for more than twenty-five years. Professor Shin has extensive
experience in representing international investors doing business in Korea and advising Korean
companies investing overseas. Professor Shin actively advises the Korean government on issues
relating to the negotiations of many important international agreements. Among his prolific services
to the Korean government, he assisted the Korean government in the negotiation of GATS during
the Uruguay Round and served as co-chairman of the commission to review investor-state
arbitration provisions in the Korea - U.S. FTA negotiation in 2006. He also served as the director of the
Korean Bar Association for international relations. He has been serving as the Chairman of the Audit
Committee of Woori Finance Holding Company since 2010. He is currently on the panel ofarbitrators of ICSID (International Centre for Settlement of Investment Disputes) as well as the Korea
Commercial Arbitration Board. He is an author of the Korean chapter in Commentaries on Selected
Model Investment Treaties (C. Brown and D. Krishan eds., 2012).
Lecture Title: China’s Policy on IIAs and ISDS
Speaker: Professor Chen Huiping from Xiamen University, graduated from the same university with6

KOBE UNIVERSITYSIXTH ISSUE :: SEPTEMBER 2015
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her Bachelor’s Degree, Masters and Ph.D. in tow. Specialisingin international law, she has been teaching international law
for over twenty-two years.
Lecture Title: Provisional Measures of Protection in ISDS
Speaker: Professor Dai Tamada from the Graduate School of
Law of Kobe University specialises in International Law andInternational Investment Law is a graduate from Kyoto
University whereby he obtained his bachelor’s degree,
Masters and Ph.D. from.

A: A quadrangular area; B: A
systematic plan; or C: Subject
todebate,disputeoruncertainty.

2

Expropriation

A: Of the State/Authority taking(property) from its owner for
public use/benefit; B: Principles
concerningthedistinction
between right and wrong; or C
Exempli Gratia.

Proprietor

3A: Disagreement B: Owner of abusiness/property; or C: At agreater distance.

Answers:

Please refer to Page 8 for the application details on
the GMAP in Law Course

Moot(1) C – e.g. whether the change inweather was mainly due to thegreenhouse effect is a moot point.

The Kobe SALAD 2015 officially ended with a closing
ceremony and a Dinner Party. The University and all theorganisers for Kobe SALAD 2015 would like to take thisopportunity to thank all participants for their presence andsupport for our programme. Till next year!

1(2) A – e.g. the government
expropriated their property.

Lecture Title: Transparency in ISDS
Speaker: Professor James Claxton from Kobe University; agraduate from Tulane University, the London School of
Economics and Political Science, and the University ofColorado. Prior to joining the University as a Professor of Law,
Professor Claxton who is a qualified lawyer in California as well
as France practised at two international law firms for six years
before joining the International Centre for Settlement of
Investment Disputes (“ICSID”) as a legal counsel. Prior to hiscurrent stint, Professor Claxton has also regularly lectured invarious American law schools on topics related toInternational Arbitration, International Investment Law and
ICSID Procedures. For more information on Professor Claxton
kindly refer to the fourth issue of our newsletter which was
published in July 2015.

Test your vocabulary! Pick thecorrect answer:(3) B – e.g. he is the proprietor ofthat 300 acre land.

Lecture Title: Emergency Measures in ICSID Proceedings:
Irreparable Harm Standard
Speaker: Ms Diora Ziyaeva from Curtis, Mallet-Prevost, Colt &Mosle LLP

Vocabulary
Corner7

Application for the GMAP in Law
CourseStudents wishing to apply for the GMAP in Law Course,
may find the details for the course and application
procedures on the Kobe University Graduate School of
Law & Faculty of Law website at
http://www.law.kobeu.ac.jp/kobe_univ_global/english/admission/graduate.html.
Admission requirements include the submission of yourtest score for an English proficiency test (e.g. TOEIC,TOEFL, IELTS etc.); a research plan of 1,500 words; andan interview (via Skype for foreign students).
Foreign students
programme!

arewelcome to

KOBE UNIVERSITY :: GMAP in Law

apply

for

this

SIXTH ISSUE :: SEPTEMBER 2015

Disclaimer: All content published herein belong to their appropriate authors and/or owners and the University takes no responsibility for
any losses, injuries and/or damages arising from the display and/or use of such content.

For further information on the
GMAP in Law Course kindly
contact the following person:

Professor Dai Tamada
tamada@port.kobe-u.ac.jp
Tel: +81-78-803-2507
Graduate School of Law, 2-1
Rokko-dai-cho, Nada-ku, Kobe
City, 657-8501, JAPANwww.law.kobe-u.ac.jp

GMAP in Law’s Academic Staff
 Professor Dai Tamada (Director): Public International
Law and International Investment Law
 Professor Akira Saito (Co – Director): International
Commercial Law and Arbitration
 Professor Shunichiro Nakano: Private International
Law Professor Keith Carpenter: Legal English, Legal
Practice, and Financial Law
 Professor James Claxton: International Arbitration

For any queries or if you would like to contribute to thisNewsletter, please feel free to contact Cindy Cheong at:
cindy.cheong@phoenix.kobe-u.ac.jp
Tel: +81-78-803 – 6709
Graduate School of Law, 2-1 Rokko-dai-cho, Nada-ku,
Kobe City, 657-8501, JAPAN