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.

Asian Law and Policy Seminar

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. The seminar will explore--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 will 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.

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.

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.

Japan/US Comparative Legal Study

This course provides a comparison of aspects of the Japanese and US legal systems with the objectives of providing some insight into the Japanese system, demonstrating how legal concepts taken from an established legal system are "reinterpreted" when imported into a different legal system based on a different culture and history, and providing a basic understanding of selected Japanese legal topics. Among the substantive law areas which will be compared are Constitutional Law; Litigation; Civil Procedure; the practice of law in Japan; Judicial Reform; Equality; Criminal Law; and Administrative Law.

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.

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.