名古屋大学法政国際教育協力研究センター

Date
January 26, 2019
January 27, 2019
a.m.10:00~

 

Date/ Time: January 26, 2019 (Saturday) 10:00-16:30
        January 27, 2019 (Sunday)  10:00-17:00
Venue: Asian Community Forum, Asian Legal Exchange Plaza (2F), Nagoya University
Organized by: Nagoya University Graduate School of Law and Center for Asian Legal Exchange (CALE)
Supported by: Nagoya University Applied Social System Institute of Asia (TBC)
Funded by: JSPS Grant-in-Aid for Scientific Research –KAKENHI-(A) “ASEAN Economic Community Building and Its Impacts on the Laws of State Members”
JSPS Grant-in-Aid for Scientific Research –KAKENHI-(B) “Codification of Administrative Law and Problem of Comparative Administrative Law”
Language: English / Japanese (simultaneous interpretation available)
 
                The Association of Southeast Asian Nations (ASEAN) announced the establishment of ASEAN Community in 2015, about half-a-century after its formation. The ASEAN Community is composed of Political-Security (APSC), Economic (AEC), and Socio-Cultural (ASCC) Community. The most attention is paid to the AEC. The AEC forms the third, in terms of population, and the fifth, in terms of GDP, largest economic space in the world.
                 Evaluation on the ASEAN Community has been divided much, even already three years after its formal establishment. It would be due to lack of criteria for evaluation. Certainly, it is far behind in terms of depth of integration as organization, compared with the European Union (EU), a typical regional integration area. Note should be taken of the fact that the AEC is a free trade area, rather than a customs union. From the legal viewpoint, ASEAN’s decision-making must be based on consensus, and the formal ASEAN community law is created only through treaties concluded among its member states.
                 The ASEAN Community has been, however, developed from an “organization” which originally aimed at construction of amicable relationships between the developing countries and which was not determined to establish a free trade area until a quarter century ago. The EU has been developed from an organization for regional economic integration which was created by developed countries 60 years ago. It would be rather strange to directly compare these two. It should be added that the ASEAN Community-building is processed at the very age of globalization, while the journey toward European integration started well before globalization.
                 It would be, therefore, inappropriate to evaluate ASEAN Community in light of the model of an organization for regional integration, for example EU. On the contrary, in this Conference, we would try to view it as a network, reevaluating its working as a networking process.
                 Two images emerge if we observe ASEAN in the network model. On the one hand, ASEAN is one of the most important cores which are extending networks beyond ASEAN. ASEAN+3 and Asia Summit Meeting (ASM) are typical examples of outcomes of ASEAN networking. On the other hand, ASEAN is itself a network, connecting its proper organs, member states’ ministries, and civil societies each other. We observe that it organizes so frequent meetings, at least three meetings a week-day.
                 The targets of this Conference are three: First, we look at the ASEAN Community functioning as a core of outward networking and a close network itself. Second, we focus on mechanisms of changes of member states’ law. The process could be forwarded not through organizational decision-makings or coordination in an organic entity, but through various interactions in networks. Last but not least, we illustrate the network model, treating with promotion for good governance, as a common goal in the age of globalization.

Program


January 26, 2019 (Saturday)

09:30 Registration
10:00-10:10 

OpeningKokubun Noriko (Director/ Professor of Center for Asian Legal Exchange, Nagoya University)

IntroductionObata Kaoru (Professor of Graduate School of Law, Nagoya University/ Leader for the Research Project on ASEAN Law)

10:15-13:00
Session 1 “ASEAN in Network Model: Integration without Centralized Organization”

Moderator  Suami Takao (Professor, Waseda Law School)
10:15-10:40

Key-note speech “Current Stage of ASEAN Community Building”

AKP Mochtan (Deputy Secretary General for Community and Corporate Affairs, ASEAN)

10:40-11:05

Mechanisms for Conflict Resolution of ASEAN

Hideo Yamagata (Professor of Graduate School of International Development, Nagoya University)

11:05-11:25

Coffee Break

11:25-11:50

The One Belt One Road Initiative and Asian Order in the New Era

Ji Weidong (Professor of KoGuan School of Law, Shanghai Jiao Tong University, China)

11:50-12:05

Impacts of Chinese Development Policy on Human Rights Concepts in ASEAN Matthias Vanhullebusch (Lecturer of KoGuan School of Law, Shanghai Jiao Tong University, China)

12:05-13:00

Q & A/ Discussions

13:00-14:30

Lunch Break

14:30-16:30                                                                              
Session 2 “Current Trends in Southeast Asian National Laws: Are Impacts from ASEAN and/or Global Standards Significant?”

14:30-14:45

Moderator  Ago Shin-ichi (Professor, Ritsumeikan University Kinugasa Research Organization)

Cases from Thailand Nishizawa Kikuo (Professor of Faculty of Policy Studies, Kansai University)

14:45-15:00

Cases from Indonesia Shimada Yuzuru (Professor of Graduate School of International Development, Nagoya University)

15:00-15:15

Cases from Malaysia

Kuwahara Naoko (Researcher of Institute of Comparative Law, Waseda University/ JICA Iraq Project Coordinator)

15:15-15:30

Cases from Vietnam

Sugita Shohei (Researcher of Graduate School of Law, Nagoya University/ Attorney at Law)

15:30-16:30

Q & A/ Discussions

17:00-18:30

Reception Dinner

 

January 27, 2019 (Sunday)

10:00-12:00                                                                              
Session 3 “Governance in Southeast Asian Countries: Good Governance and Regulatory Reforms in Networks”

10:00-10:25

Moderator  Fumito Sato (Professor, Graduate School of Law, Nagoya University)

Regulatory Reform Policies of OECD and Their Impact on ASEAN Member States: the Case of Public-Private Partnerships in Infrastructure
  Jean-Isamu Taguchi (Former Research Assistant of Nagoya University, LL.D. (Comparative Law, Nagoya University))

10:25-10:50

Good Governance and Regulatory Reforms in Vietnam Bui Ngoc Son (Assistant Professor of Faculty of Law, Chinese University of Hong Kong, China)

10:50-11:50

Q & A/ Discussions

11:50-12:00

 Wrap up and Closing

Obata Kaoru (Professor, Graduate School of Law, Nagoya University/ Leader for the Research Project on ASEAN Law)

12:00-13:30

Lunch Break

13:30-17:00                                                                              
Special Forum “Development and Problems of Administrative Law in Asian Transition Countries”

13:30-14:15

Key-note speech “Creation of Rechtsstaat and the Roles and Tasks of German Administrative Law in the Asian Transition Countries.

Jan Ziekow (Professor of German University of Administrative Sciences Speyer, Germany)

14:15-15:00

“The Common "Administrative Law Concepts" which are Emerged Autonomously in the Global(Regional)Space and The Impact to the Codification of Administrative Law in the Transition Countries - From the Viewpoint of American Administrative Law - .” Jeffrey Lubbers (Professor of American University Washington College of Law)

15:00-15:20

Coffee Break

15:20-15:40

The Problems of the Codification of Administrative Law in Vietnam.” Phan Thi Lan Huong (Lecturer of Hanoi Law University, Vietnam)

15:40-16:00

The Tasks of Administrative Law after the Codification of Administrative Law in Uzbekistan -Theory and Practice-.” Tsai Igor (Deputy Director of Center for Public Administration and Public Law, University of World Economy and Diplomacy, Uzbekistan)

16:00-17:00

Q & A/ Discussions