GMAP in Law NEWSLETTER - Kobe University · GMAP in Law Kobe University Graduate School of Law Part...

GMAP in Law

Kobe University

Graduate School

of Law

Part 2 of Kobe University’s Summer School of Asian Law and

Dispute Management (“Kobe SALAD 2015”) continued from

part 1 and was held from the 24th to the 28th of August 2015.

Similar to part 1, the participants for part 2 consisted of various

professors, practising lawyers, lecturers and law students from

Japan, Korea, Malaysia, Indonesia, Hong Kong, China, Taiwan

and Vietnam.

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

the following topics:

Day 1: 24 August 2015

Lecture Title: Recent Development of Competition Law in

Malaysia

Speaker: Professor Safinaz Mohd. Hussein, Associate professor

of 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 and

Kobe University’s Summer

School Asian Law and

Management 2015 Part 2

A continuation from our Fifth

Issue! Look inside to learn about

the speakers for Part 2 of the

Kobe SALAD 2015

2

1

3

Follow me to Page

GMAP in Law NEWSLETTER Sixth Issue

SEPTEMBER

2015

Inside

Kobe University’s Summer School

Asian Law and Management 2015: Part 2

Vocabulary Corner

Test your vocabulary!

KOBE UNIVERSITY :: GMAP in Law SIXTH ISSUE :: SEPTEMBER 2015

2

Continued from page 1

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 the

Protection 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, he

decided 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 from

the University of Tokyo, has also studied at the University of Paris II where he obtained his LL.M. his

area 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.


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 Atmajaya

Indonesia, graduated from the Padjadjaran University, Bandung with his Law Degree in

International Law with the thesis ‘International Liability for Damages caused by Space Objects’, he

then 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, in

particular Air & Space Law from the State University of Leiden, the Netherlands with the

dissertation the International Regime Regulatory Regime Governing the Utilisation of Earth Orbits.

Lecture Title: Telecommunication Law from ESA’s Perspective

KOBE UNIVERSITY SIXTH ISSUE :: SEPTEMBER 2015

3

Continued from Page 2

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 he

focused on international data policy and legal aspects of earth

observation. He has done extensive research in the field of

space 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 for

Outer Space Affairs in Vienna, Austria; and the German Space

Operations near Munich. He also worked as a scientific assistant

in international law at the University of Salzburg. He is a member

of the European Centre for Space LAW (ECSL), editor of the

Space Law Newsletter Austria, and project leader of a variety of

space 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 the

International Space University in Strasbourg, France.

Lecture Title: Principles and Regulation of the

Telecommunication 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 and

Telecommunications 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 Director

of the Centre for Chinese Law at Hong Kong University where he

teaches 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 the

Hong Kong International Arbitration Centre, the Asian Domain

Name Dispute Resolution Centre, and the Online Dispute

Resolution Centre of the China International Economic and

Trade Arbitration Commission in Beijing. He is also a founding

Council Member of the Hong Kong Internet Forum, Honorary


4

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. from

Waseda University, Japan; her LL.M. from Leiden University and her Ph.D.

from the Paris XI University, France with her dissertation “Space Security and

International 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 intern

involved in designing websites for national space legislation and organising

a series of GNSS workshops. She has also worked at a private company

related to space tourism and a governmental entity.


Lecture Title: Central Asian Countries and International Investment Agreement

Speaker: Assistant Professor Alisher Umirdinov from the Graduate School of

Law, 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 post-

doctoral research at the School of Law, SOAS at the University of London

before his current designation as an Assistant Professor at the Institute of

Advanced 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 the

oil 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 Business

under International Cooperation, which the following topics were discussed.

Lecture Title: Legal Issues on Satellite-based Big Data and Space Business

Speaker: 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 and



5

Challenges for Implementation

Speaker: Professor Ida Bagus Rahmadi Supancana from the

Catholic University of Atmajaya, Indonesia.

Lecture Title: Export Control Issues over Space Technology in

France

Speaker: Professor Philippe Achilleas from the Paris XI

University, France.


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 in

International 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 in

International 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 in

International Economic Law and Anti-monopoly law /

Competition Law. A graduate from the University of Tokyo, his

area of research includes the Effectiveness of dispute

settlement in international economic law; trade and

development 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 Asian

competition 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 of

Maastricht (formerly the University of Limburg), faculty of Law

in the Netherlands in it’s exchange programme on Study of

International European Law. She then proceeded to obtain

her 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 the

Places to go: Shirahama

Summer has ended with the

fading sound of the cicadas

giving way to autumn; hopefully

everyone has had a chance to

enjoy 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 most

popular beaches from Kobe is

located at Shirahama in the

Wakayama District.

Known as one of Japan’s three

biggest onsen resorts, the name

Shirahama refers to the white

beach, 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 the

seashore where you can enjoy

the view of the sea as you soak

in the rich water of the onsen.

ccws.



6


same university. Before taking up her teaching position at Osaka University, Professor Naiki has

served as an associate at the University of Tokyo’s Foreign Law Centre, Faculty of Law and at the

Multilateral 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 doctoral

candidate from the National Graduate Institute for Policy Studies (GRIPS) / International Research

Division, AFFRC, MAFF.


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 and

the 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 in

mergers and acquisitions, foreign direct investment, and resolution of disputes arising from cross-

border 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 of

arbitrators 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 with


7

Vocabulary

Corner

Answers:

(1) C – e.g. whether the change in

weather was mainly due to the

greenhouse effect is a moot point.

(2) A – e.g. the government

expropriated their property.

(3) B – e.g. he is the proprietor of

that 300 acre land.

Moot

A: A quadrangular area; B: A

systematic plan; or C: Subject

to debate, dispute or

uncertainty.

Expropriation

A: Of the State/Authority taking

(property) from its owner for

public use/benefit; B: Principles

concerning the distinction

between right and wrong; or C

Exempli Gratia.

Proprietor

A: Disagreement B: Owner of a

business/property; or C: At a

greater distance.

Test your vocabulary! Pick the

correct answer:

1

2

3

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

her Bachelor’s Degree, Masters and Ph.D. in tow. Specialising

in 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 and

International Investment Law is a graduate from Kyoto

University whereby he obtained his bachelor’s degree,

Masters and Ph.D. from.

Lecture Title: Emergency Measures in ICSID Proceedings:

Irreparable Harm Standard

Speaker: Ms Diora Ziyaeva from Curtis, Mallet-Prevost, Colt &

Mosle LLP

Lecture Title: Transparency in ISDS

Speaker: Professor James Claxton from Kobe University; a

graduate from Tulane University, the London School of

Economics and Political Science, and the University of

Colorado. 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 his

current stint, Professor Claxton has also regularly lectured in

various American law schools on topics related to

International 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.

The Kobe SALAD 2015 officially ended with a closing

ceremony and a Dinner Party. The University and all the

organisers for Kobe SALAD 2015 would like to take this

opportunity to thank all participants for their presence and

support for our programme. Till next year!


For any queries or if you would like to contribute to this

Newsletter, please feel free to contact Cindy Cheong at:

[email protected]

Tel: +81-78-803 – 6709

Graduate School of Law, 2-1 Rokko-dai-cho, Nada-ku,

Kobe City, 657-8501, JAPAN

KOBE UNIVERSITY :: GMAP in Law

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

[email protected]

Tel: +81-78-803-2507 Graduate School of Law, 2-1

Rokko-dai-cho, Nada-ku, Kobe

City, 657-8501, JAPAN

www.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

Application for the GMAP in Law

Course

Students 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.kobe-

u.ac.jp/kobe_univ_global/english/admission/graduate.h

tml.

Admission requirements include the submission of your

test score for an English proficiency test (e.g. TOEIC,

TOEFL, IELTS etc.); a research plan of 1,500 words; and

an interview (via Skype for foreign students).

Foreign students are welcome to apply for this

programme!

SIXTH ISSUE :: SEPTEMBER 2015

http://www.law.kobe-u.ac.jp/

http://www.law.kobe-u.ac.jp/kobe_univ_global/english/admission/graduate.html



GMAP in Law NEWSLETTER - Kobe University · GMAP in Law Kobe University Graduate School of Law Part...

Documents

Transcript of GMAP in Law NEWSLETTER - Kobe University · GMAP in Law Kobe University Graduate School of Law Part...