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Pacific-Asian Legal Studies (PALS)


Adding to the diversity of the Richardson JD, a PALS certificate empowers students to concentrate their legal studies in Pacific and Asian law, yielding a deeper comparative and socio-cultural perspective and richer understanding of the law which uniquely prepares them for practice. Drawing upon our extensive regime of Pacific and Asian law courses including seminars, survey and region-specific courses, the concentration is an innovative one which allows students to study in depth the region’s legal traditions, legal systems, and laws, as well as affords the opportunity to focus on particular areas of law.


The PALS Certificate requires students to complete 15 credits in Comparative Law and Pacific and/or Asian law related courses (adhering to substantive requirements, including 6 credits in Broadly Functional coursework, 7 credits in Area or Regionally Focused courses, and 2 credits in courses that encompass Diverse Viewpoints) along with the completion of a scholarly writing.


Enrolling in the University of Hawaiʻi  at Manoa Graduate Division, students can augment PALS courses with other Pacific or Asian-focused classes or language programs to further specialize their studies.


Additionally, PALS strongly encourages all students to undertake a Pacific or Asian Internship and/or Externship to gain valuable experience in the field.


PALS Certificate & Courses

PALS Students At Graduation

PALS Students In Class

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COMPLETE BOTH OF THE COURSES BELOW:

TOTAL: 6 CREDITS


  1. COMPARATIVE LAW

  2. INTERNATIONAL LAW OR INTERNATIONAL BUSINESS TRANSACTIONS


COMPARATIVE LAW

This course is intended to provide an introduction to the civil law  tradition, particularly as exemplified by the legal systems of East and Southeast Asia. After a brief review of comparative law study and the historical development of the civil law, the course will examine the structure and role of constitutional law, courts, the judicial process, the legal profession, and administrative law in Western Europe and in the Asian Civil Law countries.


INTERNATIONAL LAW

An examination of the evolving process of formulating rules to govern the transnational problems requiring global solutions. After looking at the United Nations and other international and regional organizations, students focus on: (a) the Law of the Sea negotiations, (b) the laws of war, (c) human rights, and (d) economic problems. Students examine both the substantive content of the current rules and the procedures by which they are being developed. Finally, the course examines the enforcement mechanisms and ways in which international law can be used in the courts of the United States.


INTERNATIONAL BUSINESS TRANSACTIONS

An examination of the law, rules, and practices relating to transborder commercial transactions. Roughly half of the semester focuses on international sales transactions, the remaining portion focuses on domestic and multinational governance of the international business arena. Our textbook uses a problem-oriented approach aiming towards consideration of practical aspects of doing business in an international context.








COMPLETE 3 OF THE COURSES BELOW:

TOTAL: 7-9 CREDITS


NOTE: AN APPROVED SEMESTER-LONG PACIFIC OR ASIAN LEGAL INTERN/EXTERNSHIP MAY SATISFY 3 CREDITS HERE; A SUMMER INTERN/EXTERNSHIP MAY SATISFY 2 CREDITS


ASIAN PACIFIC INSOLVENCY LAW

This course offers a comparison of corporate insolvency laws throughout Asia and the Pacific, with a focus on recently enacted laws and pending proposals that have followed the 1997 Asian Financial Crisis. The laws of Hong Kong, China and Vietnam will be covered, to be followed by the laws of 3-4 other jurisdictions chosen by the class.


ASIAN COMPARATIVE EMPLOYMENT & LABOR LAW

This course will examine international and comparative labor law issues facing the East Asian countries of China, Japan, and Korea, as well as the practical issues confronting American lawyers who will use labor in those countries as they do business in and with them. The course covers the effects of globalization on FDI, trade, migrant workers, and the increasingly global practice of lawyers. It puts this in the context of international players (MNCs like Wal-Mart, ILO, ICFTU) and discusses the application and effects of international labor standards, domestic, and foreign labor laws within domestic legal systems. IThe course then examines the legal systems of China, Japan, and Korea through the perspective of labor law regulation. This is followed by comparisons of these three on selected topics such as gender discrimination, ADR, role of trade unions, etc.


HUMAN RIGHTS IN ASIA

The purpose of this course is to convey an understanding of the current situation concerning human rights in Asia and to facilitate a chance to think about what the future may bring. Toward that end, this course will explore human rights norms, institutions and enforcement of human rights standards in the region. The sources and contents of international human rights law in Asia, including the question of cultural relativism, regional and sub-regional level institutional cooperative efforts, Asian contribution to the human rights regime, and the incorporation of international human rights norms into domestic legal settings will be examined.


CHINESE BUSINESS LAW

This course provides an introduction to business and commercial law in the People's Republic of China. After a brief overview of China's political and legal system, the course will examine basic areas of domestic business legislation, including torts and contract law, the regulation of private business, the reform of state enterprises, the development of company and securities laws, and the regulation of land-use and other property rights. More specialized topics, such as arbitration and dispute resolution, the Chinese approach to intellectual property issues, or the use of joint ventures and other foreign investment vehicles, may also be included.


JAPANESE BUSINESS LAW

This course involves exploration of Japanese Business Law and the related business and social environments. In the first half of the semester, we study an overview of the Japanese judicial system, look at Japanese contract consciousness and contract law, and Japanese corporate governance. In the second half of the semester, topics of study are selected by the class.


LAW & SOCIETY IN CHINA

This course provides students with an overview of the historical foundations of Chinese law as well as an introduction to the present legal system in the People's Republic of China. The first part of the course surveys classical legal theory, the administration of justice during the Qing dynasty and late Qing-Republican legal reforms. The second and main part of the course analyzes the development of current PRC legal institutions (including the role of the judiciary and legal professionals) and then focuses on key areas of recent PRC legislation: dispute resolution, the criminal process, family law and the status of women, and political rights. As a conclusion, comparisons will be drawn with the legal systems in Taiwan, Hong Kong and Singapore--what is uniquely Chinese about their development?


LAW & SOCIETY IN JAPAN

This course begins with an extended historical review of the foundations of Japanese law in society, looking at Japan's adoption and adaptation of Chinese legal doctrines, continental European legal structures and ideas, and most recently, American influences. Next, we will consider the structure of contemporary law in Japan, by looking at the various players in the legal system, some important legal doctrines, and the real-world operation of Japan's laws today.


LAW & SOCIETY IN KOREA

The purpose of this course is to provide students with an understanding of the law, society, and legal systems in Korea. Some of the substantive Korean law in the areas of constitutional law, civil law, criminal law, and business law are discussed against the backdrop of Korea’s civil law tradition and its legal history. The course also introduces the rationale of recent changes in judicial systems and legal reform measures such as new law school system and jury trial mechanism. This course helps students appreciate the dynamic society reflected in the mirror of law. The emphasis of discussion is on South Korea, but some of the legal issues in North Korea are included.


PACIFIC ISLAND SYSTEMS

This course is intended for students who wish to: (1) increase their knowledge of the substantive rules of one or more Pacific Island jurisdictions and (2) study the development of legal systems to broaden their understanding of the basic requirements and general characteristics of legal systems. The course will also consider the relationship between the Pacific Island legal systems and custom and tradition, and will explore the various ways that Pacific jurisdictions have, or have not, been successful in reflecting the values of the people in the substantive and procedural law of the jurisdictions.


EXTERNSHIP (PACIFIC)

Students perform research, drafting, investigation, and other lawyering tasks for judges and attorney supervisors in Asia or Pacific Island jurisdictions. The course is graded on a credit/no credit basis.

Pre/subsequent: classroom component.


COURSES UNDER DEVELOPMENT


KOREAN BUSINESS LAW








COMPLETE AT LEAST 1 COURSE BELOW:

TOTAL: 2+ CREDITS


NOTE: A 4TH COURSE FROM AREA 2 MAY BE TAKEN HERE


ASIAN PACIFIC BUSINESS LAW

This short course will cover: (a) Economic concepts and Business Law: explication and examples of key concepts such as: Coase theorem; asymmetric information; Akerlof on corruption; moral hazard; adverse selection; Jensen and Meckling on principal agent etc. Securities regulation, efficient markets and behavioural finance: How the key concepts can be used to explicate law. (b) Financial Markets Law in New Zealand: As of 1 May 2011, New Zealand has a new market regulator (the Financial Markets Authority) and a new substantive area of Law – financial markets law. (c) Comparative insider trading regulation: Insider trading law in Australia and New Zealand. (d) Law and Development in the South Pacific: Literature, contemporary perspectives and case studies (Kingdom of Tonga; Republic of Vanuatu and the Solomon Islands). (e) Corporate Governance in five common law jurisdictions in the Southern Hemisphere: The “new” corporate governance; relevance of work of La Porta et al and followers especially in SE Asia (see, e.g., Claessens and Lang). Review of the law in Australia, New Zealand, Malaysia, Hong Kong and Singapore.


INTERNATIONAL CRIMINAL LAW

This course is designed to convey an understanding of international criminal law. It will review all aspects of international criminal law from substantive international crimes to criminal liability and sentencing by domestic and international tribunals. International criminal law is a relatively new branch of international law. During and after WWII, the world community developed international criminal law that punishes international crimes such as war crimes, crimes against humanity, crimes against aggression, and genocide. The experience of the International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR), and the activities of International Criminal Court (ICC) and other forms of tribunals have greatly enriched the substantive law and procedure of international criminal law. It is now considered an indispensible part of international law. Through this course, students will acquire knowledge of international criminal law and will have opportunity to follow the on-going activities of the international tribunals.


CRIMINAL PROCEDURE: A COMPARATIVE PERSPECTIVE

This course offers an opportunity to learn United States criminal procedure in comparison with the systems in other countries. It reviews some of the key issues of criminal procedure, and compares the concepts and practices of the United States with those in other countries with civil law systems. The comparative discussion in the course includes exclusionary rule, arrest, search and seizure, confession, pre-trial procedure, jury trial, right to counsel, plea bargaining, double jeopardy, correctional measures, and penal policy. No pre- requisite is required.


INTERNATIONAL INTELLECTUAL PROPERTY

International Intellectual Property is a primer on the World Intellectual Property Organization and the treaties it administers. The course will explore the various international legislative and judicial developments in intellectual property as well as analyze international methods to harmonize several regional and national laws to protect rights in trademarks, patents, and copyrights. In addition, students are exposed to issues of territoriality and jurisdiction, international antitrust issues, and international dispute resolution, and human rights implications of international intellectual property rights protections.


INDIGENOUS INTELLECTUAL PROPERTY RIGHTS

Course Description Forthcoming


INTERNATIONAL PROTECTION OF HUMAN RIGHTS

The growing body of international human rights laws, including United Nations activities, regional human rights bodies, women's rights, children's rights, the rights of indigenous peoples, and enforcement of these rights in U.S. courts.


GENDER & THE LAW

This course examines the ways in which domestic legal systems and international law address the rights of women, gender roles, and gender identity.  The course takes a comparative approach, with an emphasis on case studies from the Asia-Pacific region.  Students study the major treaties promoting gender equality, including the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and regional human rights instruments. Specific topics include:  the right to nationality; the right to inherit property; gender discrimination in education and employment; reproductive rights; gender-based violence; trafficking of women; and feminist debates on pornography and the commercial sex industry.  Throughout the course, students study the tensions that often arise between religious doctrine and the right to equality, the impact of traditional customs, and the debate on culturally relative approaches to human rights. A general introduction to comparative legal traditions and the sources of international law is provided at the beginning of the course.


INTERNATIONAL ENVIRONMENTAL LAW

Selected topics presented by faculty members or visiting scholars, focusing upon subjects in the Pacific and Asian area. (C) China; (J) Japan; (K) Korea; (P) Pacific; (S) Southeast Asia.


INTERNATIONAL OCEAN LAW

Examination of legal issues that affect ocean resources. This course focuses on governance of living and non-living resources, environmental protection, and boundary delimitation.


TOPICS IN INTERNATIONAL LEGAL STUDIES

Selected topics presented by faculty members or visiting scholars, focusing upon subjects in the Pacific and Asian area. (A) Asian Pacific Business Law (C) China (Includes Readings In Chinese Law); (J) Japan; (K) Korea; (P) Pacific; (S) Southeast Asia.


COURSES UNDER DEVELOPMENT


INTERNATIONAL ORGANIZATION


INTERNATIONAL CONFLICT RESOLUTION








COMPLETE 1 OF THE FOLLOWING:


  1. AN APPROVED ARTICLE PUBLISHED IN EITHER THE UH LAW REVIEW, ASIAN-PACIFIC LAW & POLICY JOURNAL, OR OTHER APPROVED JOURNAL

  2. A SECOND YEAR SEMINAR (SYS) PAPER ON AN APPROVED TOPIC

  3. DIRECTED STUDY PAPER ON AN APPROVED TOPIC


ASIAN PACIFIC LAW & POLICY JOURNAL

Student completes an approved article, note or comment.


SECOND YEAR SEMINAR (SYS) PAPER

Under the direction of a faculty member, students completes a second year seminar research project on an approved topic.


DIRECTED STUDY

Under the direction of a faculty member, students complete a research paper on an approved topic.