International Trade Law Faculty Study Mission
Study Mission Report
Pursuant to a Grant From the Atlantic Philanthropies
Submitted by the U.S.- Vietnam Trade Council
Education Forum
Washington, DC
14 June 2004
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Table of Contents
I. International Trade Law Faculty Study Mission Report…... ……………..3
II. International Trade Law Faculty Study Mission Summary.…………….....8
III. International Trade Law Faculty Study Mission Schedule.……………...10
IV. Documents/Materials List..……………………………………………………..19
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International Trade Law Faculty
Study Mission Report
Kansas, Washington, DC and Singapore
April 17-28, 2004
Pursuant to a grant from the Atlantic Philanthropie
Delegation:
Dr. Bui Xuan Nhu Head of Delegation - Vice Dean of the International Law Faculty, Hanoi Law University, Ministry of Justice
Dr. Prof. Mai Hong Quy Vice Rector, Ho Chi Minh City University of Law, Ministry of Education and Training
Dr. Bui Ngoc Cuong Dean, Economic Law Faculty, Hanoi Law University, Ministry of Justice
LLM. Nguyen Ngoc Lam Dean, International Law Faculty, Ho Chi Minh City University of Law, Ministry of Education and Training
LLM. Nguyen Thanh Tam Lecturer, International Law Faculty, Hanoi Law University, Ministry of Justice
Dr. Nguyen Thi Anh Van Lecturer/interpreter, Economic Law Faculty, Hanoi Law University, Ministry of Justice
Mr. Nguyen Xuan Tung Legal Expert, Ministry of Justice
EXECUTIVE SUMMARY
As part of the “International Trade Law Training Assistance Project” under a Memorandum of Understanding with between the Vietnam Ministry of Justice and the U.S.-Vietnam Trade Council signed on 7 July 2003 to assist Vietnamese law schools to enhance its capacity, to build up and standardize training programs and curriculums on international trade law, as well as to improve the capability and quality of key Vietnamese legal and judicial officials in international trade law, the U.S.-Vietnam Trade Council Education Forum (USVTC-EF) organized a study mission to top law schools Washington, DC., Kansas, and Singapore from April 17 to April 28, 2004 focusing on the international trade law curriculum development and training. This area of law is still relatively new in Vietnam and the schools have been working to upgrade its curriculum. It was therefore scheduled for the delegation to attend several classes and discuss with their counterpart faculty on international trade law teaching and course offerings at various law schools. International Trade Law has recently been was made a mandatory course in Vietnamese laws schools.
Key to the success of the mission was invaluable input from key Vietnamese schools and participants, the U.S. Embassy in Hanoi & U.S. Consulate in Ho Chi Minh City, and particularly the faculty and expert at visited schools and firms of Kansas Law School, Georgetown University Law Center, George Washington Law School, Sidley Austin Brown & Wood, and the National University of Singaore.
Objectives
Given the importance and demand for knowledge and experience on international trade law curriculum development and teaching, it was essential that the delegation be attended the actual classes on international trade law and met with professors who have actually formulated and taught international trade law. It would also be good for the delegation to see how a law firm has been working on international trade law issues.
To provide opportunities for key international trade law faculty from leading law schools to gain first-hand experience on international trade law curriculum development and training to enable them in the development of international trade law curriculum and the capacity enhancement, the U.S.-Vietnam Trade Council Education Forum organized this study mission with the following goals:
Ø To provide opportunities to attend actual classes on international trade law at various law schools
Ø To provide opportunities to discuss with professors who have developed and taught international trade law curriculum at various law schools in the USA and Singapore
Ø To exchange views and experience in building and running facilities to support research and teaching of both faculty and students
Ø To compare and contrast the international trade law offerings at various law schools in the USA and Singapore
Ø To learn new teaching methods developed and used at various law schools
Ø To help establish and enhance cooperative opportunities between Vietnamese law schools and faculty with their counterpart in the USAand Singapore
Program
To meet the objectives of the mission, the delegation attended classes and discussed with international trade law professors and interacted with students. The delegation also took a tour of all libraries at the four visited law schools to see how the research facilities are organized to support research and teaching of both the faculty and students. In addition, the delegation visited and discused with a well-known law firm involving in international trade law practice in Washington D.C., to see how international trade law is applied in practice.
Accomplishments
It is our assessment that the mission served to build a better understanding among the delegation members about international trade law curriculum development and training in developed law schools. They expressed great interest in obtaining these new knowledge and experience and developed their own strategies to upgrade their own curriculum and training methodologies. During the time in the U.S., and Singapore, and upon their return to Vietnam, the delegation offered high praise for the visited law schools and professors and the meeting contacts that were made. It is our hope that the new experience and knowledge gained on building international trade law curriculum will help Vietnamese law professors, schools and management authorities to reform and update their training progams to meet the urgent demand of joining the WTO and integrating into the global economy.
Follow-up and Results
In addition to providing additional materials, syllabis, research & referral information on international trade law training issues, the U.S.-Vietnam Trade Council Education Forum has been requested by our Vietnamese counterparts to provide additional technical assistance in this area, including identification, translation and publication of appropriate textbooks and training materials, invitation of professors to Vietnam to teach Vietnamese international trade law faculty – to train the trainers, organization of seminars with international trade law experts, practical training for government experts, comment on draft presentations on international trade law topics, identification and purchase of international trade law books and materials.
PROGRAM
Kansas Law School, the University of Kansas - The delegation attended three classes and had four meetings with professors and admission office to discuss issues on international trade law curriculum and training as well as research activities and support. In addition, the delegation was toured of the library and legal aid program.
Attending Classes - the delegation joined the normal classes to gain the first-hand experience of how a class is organized and taught. After the class, they were given some time to dialoge with the students to share views and ideas on why the students chose the course, difficulties faced in learning, research and study support, exams and papers.
Meetings – the delegation met with international trade law professors, Vice Dean of the School, Associate Dean for Acedemic Research and Civil Procedure, Admission Director. In each meeting, after a brief introduction of the speaker, the delegates raised many questions and shared opinions and views. Most of the questions concerned the structure of the international law curriculum, the content of each course as well as the examination methods. What topics covered in the courses on international trade law and international commercial law are asked. In addition, the delegation was also interested in finding the methods for selection of students.
Additional Activities – the delegation also provided opportunities to tour the library and discuss with the librarian to see how research facilities are organized to support the students and professors professionally. The time spent with the journal editors and legal aid counsels who are just second or third year students is of great interest to the delegates. They have seen how students involved abd prepared for their professional career.
Materials
Ø Raj Bhala, Saudi Arabia, The WTO, and American Trade Law and Policy
Ø Raj Bhala, A Kansan Question about American Trade Law toward the Kingdom
Ø Raj Bhala, Poverty, Islam, and Doha: Unmet Challenges Facing American Trade Law, The International Lawyer, Vol. 36, No 1, Spring 2002
Ø Kansas Law School Catalog 2003-2004
Ø Law School Course Description
Ø Brief Description on Courses on International Trade Law
Ø International and Comparative Law Program
Ø Academic Regulations
Ø International and Comparative Law Program
Ø Two-year J.D. Program for Foreign Trained Lawyers
Georgetown University Law Center - The delegation had the opportunity to attend a class of Prof. Richard Diamond, meet with Prof. John Jackson, Prof. Jane Bradley, Prof. Richard Diamond, and Prof. Steve Charnowitz to discuss international trade law offerings at Georgetown. They were particularly interested in courses leading to the IIEL WTO Certificate issued by the Institute of International EconomicLaw (IIEL). The discussion focused on the content and structure of various courses on international economic law as well as requirements for admission to different programs. Some questions were raised on the historial development of international trade law curriculum at Georgetown as well as other law schools in the US. The delegation was also briefed on the research activities conducted by the IIEL.
After the meeting, the delegates were guided a tour of the Edward Bennett Williams Law Library by Ms. Mabel Shaw, International Law Collection Librarian.
Materials
Ø Brochure of Institute of International Economic Law
Ø IIEL WTO Certificate: Requirements for academic year 2003-2004
Ø Georgetown Law Center: Curriculum
Ø Curriculum Overview: International and Comparative Legal Studies (EN and VN)
Ø Course Syllabus: International Trade (Fall 2003) (EN and VN)
Ø Seminar Syllabus: Law and Policy of International Economic Relations: the WTO Dispute Settlement System (Fall 2003) (EN and VN)
George Washington Law School, the George Washington University - The delegation had the opportunity to meet and discuss with international trade law professors, including Prof. Susan Karamanian, Prof. David Gantz, Prof. John A. Spanogle to discuss international trade law curriculum. After a short introduction, the delegates involved in a diolage with the professors to discuss and share opinions on how to design international trade law curriculum in the whole program on international law or international and comparative law. Specific advice and comments on what topics should be included were also sought and discussed. Several questions raised to clarify of ovelapping among elevant courses, such as International Business Transactions, International Commercial Law, International Trade Law, Advanced International Trade Law, International Arbitration, International Business Transactions Seminar. Contents of domestic courses on commercial transaction and arbitration were asked for comparision.
After the meeting, the delegates were guided a tour of the Jacob Burns Law Library by Mr. Herb Somers, Foreign Law Librarian.
Materials
Ø The full Curriculum
Ø Course Descriptions: International Law
Ø Academic Regulations for LLM and Ph.D
The U.S. Supreme Court – the delegation was provided the opportunity to visit the U.S. Supreme Court as the symbol of the rule of law. They were introduced on the role and position of the court system in the United States by the Supreme Court Fellow, Mr. Matthew S. Duchesne. This opportunity helped the delegates better understand the development history of the United States and the organization and authority of the court system.
Materials
Ø The Constitution of the United States of America
Ø The brochure of the Supreme Court of the United States of America
Sidley Austin Brown & Wood LLP – A leading law firm in the area of international trade law with rich experience in advising developing countries on WTO acession and participation in international trade dispute settlement. Most of the lawyers also teach courses and seminars on international trade law at various schools in the USA.
The delegates was received by Mr. Stanimir Alexandrov, the leading international trade advisor/lecturer. He shared his experience and knowledge on advising his government on WTO’s accession, building international trade law curriculum and materials in a developing country where not many people speak English and only few law students could conduct comprehensive studies in English. Both academic and practical aspects of studying internationl trade law were raised and discussed. The inclusion of international trade law expert and practising lawyer in the teaching staff is highly encouraged.
Materials
Ø Several Areas of Professional Expertise: International Trade Compliance, International Trade Regulation, International Dispute Resolution, Global Trade Policy.
National University of Singapore, Faculty of Law - The delegation had the opportunity to explore the law library and discuss with law librarians and students on research facilitation tools and channels. After having lunch with one of the international trade law faculty to discuss issues on international trade law training in Singapore and around the world, the delegates had a meeting with key international trade law faculty, including Michael Ewing Chow, C. L. Lim, Hsu Locknie. Prof. Michael introduced the international trade law curriculum and teaching methods used in courses and seminars. During and after his introduction, many questions and comments raised by the delegates on experience in developing such courses as well as their contents and materials used. A panel discussion of the faculty provided very insight thoughts and experience in the whole process of desiging the full curriculum as well as the content of each course. Questions even covered specific issues like how to name the title of the course? The most comprehensive course on international trade law is named World Trade Law, in addition to other five courses of Trade Dispute Mechanisms, International Trade Law & Policy: Controversies in Environment & Labour, International Investment Law, Globalization & the Regulation of International Trade.
Materials
Ø The full Curriculum
Ø Course Descriptions: International Law
Ø Academic Regulations for LLM and Ph.D
Ø CD-Rom on International Trade Law Curriculum
Ø List of all Compulsory and Elective Courses for LLB and LLM
Ø Brief Description on Courses on: (1) World Trade Law; (2) Trade Dispute Mechanisms;
and (3) International Investment Law
Ø Admission Requirements for Graduate Programs
Information for International Applicants
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International Trade Law Faculty