Georgetown University Law Center, one of America's most distinguished law schools and a national leader in the fields of international and comparative law, has demonstrated its commitment to the East and Southeast Asian regions through the Law-Asia Program.

Law-Asia’s mission is to encourage scholarly communication between the faculty and students of Georgetown and their counterparts in East Asia; to focus the academic strengths of the Georgetown law and foreign policy faculty on legal issues arising out of Asia’s growing economic power;  to ensure that Georgetown’s graduates will be equipped to practice competently and ethically in a global context shared with the nations of East Asia; and to make its expertise in law, legal pedagogy and foreign policy available to coming generations of US and Asian lawyers and policy makers.

Asia, the world's most populous region, is of crucial importance to the United States. Japan, China, and the smaller Asian countries and regions -- Korea, Taiwan, Hong Kong and Singapore -- account for nearly one-fourth of U.S. exports and one-third of U.S. imports. U.S. trade with Asia has surpassed its trade with all of Europe, both East and West, for a decade now; and the Asian lead is growing. Beyond the economic realm, Asian countries have become indispensable partners in the solution of the major international problems of the post-Cold War era, including international security, the environment, economic development, arms control and nuclear proliferation, human rights, and refugee flows.

The growing interdependence between the United States and Asia has brought about much greater interaction for lawyers in both the public and private sectors. Increasingly, U.S. Government officials work closely with their Asian counterparts to achieve greater harmonization of law and policy in matters such as international trade, foreign direct investment, intellectual property, and competition. In the private sector, American lawyers are far more likely now than a decade ago to be dealing with Asians as clients, negotiating partners or adversaries, both in the United States and abroad.

Unfortunately, most Americans in both the public and private sectors remain poorly equipped to respond to the opportunities and challenges created by Asia's growing role. Notwithstanding the growing numbers of Americans of Asian origin, United States education and intellectual traditions remain Eurocentric. Few Americans have had more than the most superficial exposure to Asian thought, institutions and values, much less Asian legal systems.

To address this need, Georgetown's Law-Asia program provides a framework for expanded education, exchanges, and international dialogue about Asian law. The Law Center's Asia-related courses now include Korean Law and Trade, Japan-U.S. Business Transactions, Chinese Law, Japanese Legal System, Legal Framework of U.S.-Japan Economic Relations, and Law and Development in the Pacific Community. Additional courses on Asian law are planned for the future. Moreover, ALPS seeks to integrate Asian legal materials into non-specialized courses by increasing the number of visiting faculty and fellows at the Law Center from Asia.

With the growth of economic regionalism in many parts of the world, the future shape of United States trade and economic relations with Asia is an increasingly important question for policy makers on both sides of the Pacific. Taking advantage of its location in Washington, DC, Law-Asia has established a new forum for structured dialogue concerning law and policy harmonization in the Pacific region. The forum's agenda has included issues such as the legal framework for Pacific Trade, the proposed APEC Investment Code and harmonization of trade and competition laws in the Pacific Region. Participants include visiting fellows from Asia, American specialists and members of the Washington policy community. Through this unique forum the Law Center makes a contribution to the development of U.S. relations with Asian countries. Law-Asia has also co-sponsored training for Asian government officials in international legal studies.

As the world economy grows to include more Asian participation, there is an ever greater need in the United States for better understanding of Asia. The Law Center has responded by creating a symposium program in Asian studies and by offering a wide range of courses and seminars in international and comparative law. Five international and comparative law courses focus exclusively on Japan, China and Korea. In addition, the Asian Law and Policy Studies Program has made the Law Center a major forum for international symposia and conferences on law and policy issues in Transpacific relations.

Asian Law and Policy Studies

Fundamental to the increased focus on Asian studies has been the Asian Law and Policy Studies program, the forerunner to Law-Asia. The program, sponsored by the Japan Foundation's Center for Global Partnership, the Rockefeller Brothers Fund, the Asia Foundation, and the Korea Foundation was formed to develop Asian legal courses and symposia which foster dialogue on the harmonization of law and policy in the Asia-Pacific region. Forums sponsored by the program have included:

"WTO Compliance in China: The Lessons of Regulatory Effectiveness " - November 2004

A three-day workshop focusing on national and local regulation, with speakers and presentations from Chinese and American regulatory organizations. Topics included "Local Implementation of Social Welfare Regulation," "Alternative Labor Organization and Protection," and "Post-WTO Regulatory Systems in China."

"Tea with the Ambassador" Series 2000-2001

This year-long series invited ambassadors and foreign dignitaries to speak on topics of their choosing. Speakers included Kazuo Kodama, Japan Minister for Public Affairs; Roland Eng, Ambassador of Cambodia; Lee Hong-Koo, Ambassador of Korea; and Stephen Chen, Diplomatic Representative to the Taipei Economic and Cultural Representative Office (TECRO).

"Competition Regulation Within the APEC Region: Commonality and Divergence" - May 1995

The objective of this colloquium was to publish the first survey and analysis of competition, antitrust laws, and policies among APEC economies as a basis for APEC discussions of harmonization or convergence of law and policy in this important area. Participants included top antitrust authorities as well as leading scholars and practitioners from throughout the APEC region.

Curriculum

In previous years, Georgetown's Asian law courses have included U.S.-Japan Trade Issues, Chinese Law, East-West Negotiations, the Changing Pattern of International Relations in Asia, and Korean Law. The cultural, economic, legal and political differences between the U.S. and Japan, and the U.S. and other Asian countries, are brought forth regularly offered courses and seminars including The Asian Law and Policy Studies Seminar. This is a research seminar and workshop, in which students, faculty, and outside speakers present their current research on Asian law and policy. The impact of the Asia-Pacific region on the world market and global economic activity is substantial and continues to grow. In addition, the conspicuous success and some spectacular failures of Asian nations in legal and economic development have prompted suggestions that the experience of these nations may provide models (both positive and negative) for other developing countries and regions. This seminar explores— in connection with the role of law and legal institutions— the interaction of social change, economic growth, and legal development in East and Southeast Asia. Specific topics depend on the research interests of the participants, but may include capital formation, financial regulation, transnational trade and investment, intellectual property, land reform, environmental protection, worker protection, human rights, and similar private and public law issues. Students prepare weekly memoranda commenting on the presented papers. Each student also prepares a substantial academic work of publishable quality and presents it to the seminar. Consistent with the year-long format and the number of credit hours, the student papers are expected to exceed the requirements of the typical research paper in scope, depth, and quality.

Law and Foreign Investment in China

This course examines major Chinese laws that apply to foreign investment projects in China and related cross-border transactions. Topics discussed include the investment approval process, the options for structuring a foreign investment in light of recent foreign laws, and the requirements for foreign acquisitions of existing Chinese enterprises under China's M & A rules.

Japanese Civil Procedure

Discusses civil procedure in Japan from pre-filing, to pleading, to oral argument and hearings. The course will deals with the differences between Civil Law and Common Law systems, and discusses other laws that have an impact on trial practice in Japan. The course also covers Japanese procedure and how it may affect American litigation and the rules for recognizing foreign judgments.

Chinese Law Seminar

Provides a general introduction to the nature and function of law in the People's Republic of China (PRC) and to Chinese attitudes toward selected international legal questions. Topics considered include: substantive, procedural, and institutional aspects of criminal and civil law in the PRC; Chinese views on the nature and sources of international law and its role in international society in theory and practice, with particular attention to Chinese attitudes toward human rights; practical legal problems arising from commercial and diplomatic interaction between the U.S. and the PRC, such as foreign investment and contract negotiation, protection of industrial property, and provisions under U.S. law for carrying on commercial relations with Taiwan. These topics are considered in context of historical and political backgrounds in an effort to illuminate continuities between traditional and contemporary Chinese legal institutions. Students are encouraged to compare the nature and role of law in the West and the PRC.

Korean Law and Trade

Covers the foundations and current structure of the Korean law and legal system. It focuses on the legal and non-legal issues concerning Korean economic laws and their enforcement, which have important implications for foreign enterprises engaging in trade in and with Korea. Case studies are used to illuminate practical problems facing international practitioners participating in the Korean legal system. This course also emphasizes the role of law in Korean economic development. The subject areas covered in the course include but are not limited to the legal profession, dispute resolution, trade, foreign investment, antitrust, and intellectual property laws.

Law and Development Seminar

Provides an opportunity to examine the role of law, legal institutions, and legal personnel in the pursuit of political, economic, and social development in cultures that differ materially from the United States (including Africa, Asia, Latin America, and Europe). Following a review of different perspectives and measurements of development, including development economics, and the literature of law and development, the seminar will focus upon particular issues and problems. Particular attention will be given to fields of law, such as foreign investment, that are addressed by governments seeking to advance development objectives. Specific topics will depend in part upon the research interests of seminar participants. Some will concentrate on such topics as capital formation and financial regulation, exploitation of natural resources and environmental concerns, land tenure and reform, tax policy and administration, and human rights.

Plans for the Future

The Law Center's commitment to expanding and enhancing our Asian and other international legal studies is exemplified by the Law-Asia's .

Whenever possible, Law-Asia will make speakers available for meetings with interested students.  In connection with the lectures, and with the help of the Wolff Library reference team, Law-Asia will ask speakers to point out research and writing topics and encourage students to come in to discuss ideas for notes and review articles.

One of Law-Asia's long-term goals is to establish solid relationships with top-ranking universities in East Asia that will support the development of degree and/or mid-career programs that take advantage of Georgetown’s traditions of scholarship and expertise in area studies. 

As part of this goal, Law-Asia will cooperate with the new Center for Transnational Legal Studies in London to encourage strong East Asian participation in that program. In order to achieve a significant Asian presence for the Law Center, Law-Asia will facilitate Asia-based institutes that dovetail with, for example, an LLM program in Law and Public Policy in East Asia, consisting of one semester at Asian counterpart universities and one semester in Washington studying with Georgetown University faculty and focusing on a defined legal or policy subject area.

In addition, Law-Asia will establish selective mid-career programs in collaboration with major Asian institutions including the Legal and Judicial Training Institutes in Korea and Japan and the Party Schools in China and Vietnam.  These shorter programs will begin with study on the GULC campus in Washington, then move to follow the chosen topic at one or two locations in Asia. 

Asian Media Links

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Special Thanks

Through the generous donations and continuing commitment of alumni, friends, and parents the Georgetown University Law Center has expanded and will continue to expand its admissions, scholarships, programs, symposiums, research, and professors and scholars in Asian Legal Studies. With its expanding program in Asian Law and Policy, the Law Center provides an education that can prepare future lawyers for an expanded role in the international legal and business world well into the next century.