This focus of this brief paper is on the current discussion in Taiwan concerning the introduction of the United States “J.D. System” where law is studied as a graduate degree. The author sees the advantages of such a programme over the existing primarily undergraduate legal education, but argues that, in addition to a full fledged J.D. system, another “track” of undergraduate students transferring to law school after 2 years of undergraduate education would be a more suitable compromise for Taiwan.

Are Asian law schools adequately preparing law students to handle problems raised by cross-border disputes? Preparation has generally been limited to courses in conflicts of law, international law and comparative law, but the successful presentation of a legal position in a foreign legal system arguably requires more than an understanding of legal rules. Studies in legal culture suggest that participants in different legal systems think about the law in radically different ways. Comparative examples from the criminal justice systems of the United States and Japan demonstrate that some knowledge of a comparative rhetoric of argument - which arguments are appropriate in different legal systems - is required. Legal Writing Programmes can play a role in teaching comparative argument by expanding the concept of “audience” to include foreign legal systems.

This paper will deal with the need to understand Islamic Law in the context of a number of prevailing misconceptions about it. It then discusses the place and importance of Islamic Law in the LL.B. (Bachelor of Law) programmes in Malaysia and elsewhere in Asia. The focus will be on what courses are to be taught, and how they are to be taught. The paper also attempts to shed some light on the possible ways to harmonise Islamic Law with concurrent secular (or civil) law, and offers a vision of the future of Islamic legal education.

Since 11 September 2001, international law and the community it governs are at a crossroads. While the world appears to be besieged by terrorist threats from non-state actors such as the Al-Qaeda, there is also a substantial risk of super-power unilateralism and arrogance. Amidst these crises, South-Asia occupies a sensitive and vulnerable position. The region is also beset with ethnic, religious, and domestic political conflicts which provide substantial threats to regional peace and security. Against the backdrop of the enormous complications faced by South Asia, the present article considers the role of international and regional institutions in developing forums for establishing peace and security for the region, as well greater promotion of human rights. A particular focus is upon the South Asian Association for Regional Cooperation (SAARC) which, it is contended, is an organisation capable of providing a suitable platform for peaceful dialogue within South-Asia.

In 2001, the Faculty of Law at the National University of Singapore embarked on a bold initiative to teach legal skills in a more determined and focused way than ever before in its L.L.B. Programme. This paper documents how the experience of teaching skills in the United States was adapted and re-created for Singapore. It describes the challenges and the responses fashioned to deal with intensive and interactive small group teaching, research and mooting. The paper calls for student and learning centeredness and a keen appreciation of their cultural and social assumptions.

Under GATS, Mode I involves the supply of a service from the territory of one Member into the territory of any other Member. Few negotiators of the Uruguay Round would have imagined the significance that this mode has come to acquire, or that on-line gambling service would flourish so much as to raise a dispute between Members of the WTO. As the first precedent on Mode I of GATS, “US-Measures Affecting the Cross-Border Supply of Gambling and Betting Services” contains important suggestive interpretations of Members' Schedules as well as general exceptions of the GATS, including burden of proof. The authors review the reports of the Panel and Appellate Body, and explore the implications of the case beyond GATS.

In Hong Kong, the Postgraduate Certificate in Laws is the normal prerequisite for practice. Following a comprehensive review in 2001, the programme was redesigned to emphasize problem-oriented learning and skills-based training. This discussion explains the principal features of the current curriculum and how it has worked out in practice. It calls for a systematic collection and study of feedback on the current programme, and announces a plan for that purpose.

Collective bargaining is the best mechanism to attain a cordial relationship between employers and employees. It is also an effective forum to agree on terms and conditions of employment. In order to achieve such purposes, industrial relations systems in a country must provide legal mechanism to enable parties to bargain collectively with a view to concluding a collective agreement. The ILO has adopted a convention providing a framework for member states to enact laws that would facilitate such a mechanism. In this respect, Malaysia has enacted the Industrial Relations Act 1967, which provides among others a mechanism for collective bargaining. In this article we argue on the extent of the right of Malaysian workers to collective bargaining in the context of the ILO standards. Here we argue that despite the legal mechanism available that facilitates collective bargaining between the two parties, Malaysian workers and their trade unions face some difficulties in bargaining with their employers.

Geographical indications are a kind of intellectual property required to be protected under the TRIPS Agreement of the WTO. In order to fulfil its WTO obligations, China started to protect geographical indications even before it was formally admitted to the WTO. At present, geographical indications can be protected in Chinese law through one or both of the following ways: trademark registration pursuant to the Trademark Law, and the registration of special labels bearing geographical indications. However, internal problems exist within both of these systems, and the co-existence of the systems also creates conflicts. This article analyses these problems and proposes ways of resolving them.

This article starts off by providing an overview of the historical and structural aspects of legal education in selected representative jurisdictions in Asia. It then proceeds to tackle what the authors feel to be the most serious challenges faced by Asian law schools today - the need to balance legal education and inter-disciplinary perspectives, to provide sufficient comparative material, to reform teaching and assessment methodology, and to juggle competing needs with very limited resources.

Following the 1997 financial crisis, Korea underwent a dramatic overhaul of its corporate governance framework. Drastic changes in its legal and regulatory infrastructure led to more transparent and accountable companies. Boards of directors, shareholders, stakeholders, and auditors began to function effectively and even a corporate control market emerged. Many forms of internal and external corporate governance and market-oriented discipline were established. Korean companies are poised to make a quantum leap to reach the most competitive international levels of corporate governance. This paper argues that Korea must continue its reform efforts. It first discusses the Asian financial crisis and the first stage of reforms that followed. It then explores the areas where Korea needs to undergo the next stage of reforms. It will argue that only then can Korean corporations receive proper valuations. Korean companies have indeed come a long way but lingering perceptions of weak corporate governance thwart them from becoming world-class competitors.

Amidst the understandable enthusiasm for enlarging the traditional state-centred view of security and embracing a “human security” agenda, little scholarly attention has been paid to the implications of this shift for international law. This article first charts the scope and genesis of “human security,” including within the United Nations and in the Asia-Pacific region, and traces the views of key Asian governments on the concept. It then analyses the relationship between human security and human rights and highlights the likely adverse impacts on human rights law. The remainder of the article considers how the human security agenda may destabilize the constitutional distribution of powers among UN organs under the UN Charter, especially by transferring power away from the more participatory General Assembly and towards the less representative and less accountable Security Council. In line with the position of some Asian States, this article reasserts that UN organs other than the Security Council, along with other major international institutions, are the appropriate bodies within which to pursue and address human security issues. In particular, the General Assembly and the Economic and Social Council require revitalization to avoid the trap of securitizing issues that are better framed as developmental and social concerns.