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ED 277 288 TITLE AVAILABLE from HE 019 821 Teaching And ED 277 288 HE 019 821 TITLE Teaching and Research in International Law in Asia and the Pacific. Report of a Regional Consultation Meeting Including Nine Country Status Surveys (Seoul, Republic of Korea, October 10-13, 1984). Social and Human Sciences in Asia and the Pacific. PUSHSAP Series on Occasional Monographs and Papers, 11. INSTITUTION United Nations Educational, Scientific, and Cultural Organization,.Bangkok (Thailand). Regional Office for Education in Asia and the Pacific. PUB DATE 85 NOTE 271p. AVAILABLE FROMUNIPUB, 10033/F Martin Luther King Jr. Highway, Lanham, MD 20706-4391. PUB TYPE Collected Works - Conference Proceedings (021) -- Reports - Descriptive (141) EDRS PRICE MF01 Plus Postage. PC Not Available from EDRS. DESCRIPTORS *College Instruction; College Programs; Foreign Countries; *Geographic Regions; Higher Education; *International Law; Legal Education (Professions); Regional Cooperation; *Research IDENTIFIERS *Asia; Australia; India; Indonesia; Japan; Korea; *Pacific Islands; Pakistan; Philippines; Sri Lanka; Thailand ABSTRACT Information on teaching and research in international law for countries of the Asia-Pacific region is presented in proceedings of a 1984 conference sponsored by the United Nations Educational, Scientific, and Cultural Organization. In addition toa regional overview, suggestions are offered for promoting regional cooperation in international law. Challenges in the teaching and study of international law, problems areas for students graduating in international law, and problems of the profession are considered. Status reports for nine countries on teaching and research in international law are 'provided by conference participants as follows: Australia (James Crawford), Iadia (M. L. Upadhyaya), Indonesia (Komar Kantaatmadja), Japan (Onuma Yasuaki), Republic of Korea (Chi Young Pak), Pakistan (M. A. Mannan), The Philippines (Adolfo S. Azcuna), Sri Lanka (A. R. M. Amerasinghe), and Thailand (Vitit Muntarbhorn). Appendices include: a conference program, list of participants and brief introductory conference addresses by Jae Hoon Choi, E. Hyock Kwon, Bong-shik Park, and Yogesh Atal. (SW) *********************************************************************** Reproductions supplied by EDRS are the best that can be made from the original document. *********************************************************************** :.,04.:',,,!4',;g5.? ?:4:. ,2.,,-- ,,.'it ...lki:%;`,6:. :.7,4V...,;S",1 a,4,',442.140,k,,. .1 ,.. i :7W,PitZt.0...4, 2 p . -1 st . ,..;I,144;11M4tett ,, 40 '& cc , t'-',4,1'c'e'..k.eez7?.714.7c;4arttrrcnti..l:Pc-r- , --' 4 P-1',=W0,*..ct.t7%.^,i't 4 .9 1': .,.! .:.,,:YrJr._ ...e',,oz,t,',i;',4i,,i4:ze,',,,,,-41sa,.-:es,..... r,..e.4,:y ;r, -;41,V,Ifttc,,t,',.% :it, fl,-tl.t *IfC;-'1.1.C' ;1,.,,..,f,C ;,.qf v '' , r. , Vc: r 01-47, st;,1r;." ...,?..-,,:.. .t.':.,,,6L-cASt,c4.... 3,..-4e.r . A. zJ '''4-'''0,1-4,..),-. e ,,,_ `"Y''''I'f4. -,;,,,, . 1:.:% ,,pi r ,,,,, A r.' .t.+5._) ' t' .i g ;,i`V.41471;1;1, .."3 4 r 11 0 rf 3 4 4`;41'''' ,-,--)1, ,4,,* .1.4 "2E: 44ii; .).- ,T7:::,',.'1.,.. "141, 1 5::'4..., XVIL2 "' S 1 A " I: :41 - I . : Unesco, 1985 Published by the Unesco Regional Office for Education in Asia and the Pacific P.O. Box 1425, General Post Office Bangkok 10500, Thailand Printed in Thailand The designations employed and the presentation of material throughout the publication do not imply the expression of any opinion whatsoever on the part of Unesco concerning the legal status of any country, territory, city or area or o f its authorities, or concerning its frontiers or boundaries. OM. 3 BKSS/85/OPE/35-1000 [Unesco] Regional Consultation Meeting,Seoul, 10-13 October 1984. Teaching and research in internationallaw in Asia and the with Pacific; report of ...Meeting, convened in collaboration the Korean Association of InternationalLaw and ihe Korean National Commission for Unesco.Bangkok, Unesco, 1985. 264 p. (Social and Human Sciencesin Asia and the Pacific. RUSHSAP Series on OccasionalMonographs and Papers, 11) 1. INTERNATIONAL LAW RESEARCHASIA/PACIFIC. 2. INTERNATIONAL LAW EDUCATION ASIA/PACIFIC. I. Unesco. Regional Office forEducation in Asia and the Pacific. II. Title. HI. Series. 341.07 TABLE OF CONTENTS PART I General Report Chapter One : Introduction 3 Chapter Two : Country Statements 6 Chapter Three : Teaching and Research in International Law: A Regional Overview 14 Chapter Four Challenges and Responses in the Teaching and Study of International Law 20 Chapter Five Suggestions for Promoting Regional Co- Operation in International Law 29 PART II Country Papers 1. Australia : James Crawford 35 2. India : M.L. Upadhyaya 79 3. Indonesia : Komar Kantaatmadja 95 4. Japan : Onuma Yasuaki 107 5. Republic of Korea : Chi Young Pak 138 6. Pakistan : M.A. Mannan 158 7. The Philippines : Adolfo S. Azcuna 179 8. Sri Lanka : A.R.B. Amerasinghe 205 9. Thailand : Vitit Muntarbhorn 210 PART III Appendices I. Speeches at the inaugural 247 Opening Address : Jae Hoon Choi Congratulatory Address : E. Hyock Kwon Welcome Address : Bong-shik Park Initiatory Remarks : Yogesb Atal II. Agenda 259 III. Programme of the Meeting 260 IV. List of Participants 262 Part I GENERAL REPORT 6 Chapter One INTRODUCTION 1. BACKGROUND In accordance with its Budget and Programme for 1984-85, Unesco convened a meeting of experts on "Teaching and Researchin International Law" for countries of the Asia-Pacific region, in collaboration with the Korean Association of InternationalLaw and the Korean National Commission for Unesco. This meeting was held from 10 through 13 October 1984 at the International Conference Hall of the Korean National Commission for Unesco, Seoul, Republicof Korea. The meeting was attended by participants from Australia, India, Indonesia, Japan, the Republic of Korea, Pakistan,the Philippines and Thailand. For some unavoidable reasons, the parti- cipant from Sri Lanka could not attend. The participants had been requested to prepare country status reportson teaching and research in International Law, basedon the guidelines provided by the Unesco secretariat. These were circulated in advance of the meeting. Observers were present from the Ministry of Education, Government of Korea, the Korean Associationof International Law, various Korean universities, the Associationof Southeast Asian Institutions of Higher Learning (ASAIHL), and Korean SocialScience Research Council (KOSSREC). Unesco was represented by Dr Yogesh Atal, Unesco Regional Adviser for Social and Human Sciences in Asia and thePacific. 2. INAUGURAL SESSION The meeting was officially opened on Wednesday, 10thOctober 1984. Dr Joe Hoon Choi, President of the Korean Association of International Law, delivered the opening address. He emphasized the need to establish a just and peaceful worldbased on the Rule of Law and its links with the role of education in internationallaw, com- plemented by greater regional and international co-operation. A congratulatory address was then deliveredon behalf of the Minister of Education of the Republic of Korea, who expressedthe hope that the meeting would contribute to paving theway for a new inter- national legal order. This was followed by a welcoming address from Dr Bong-shik Park, Secretary-General of theKorean National Com- mission for Unesco, observing that international lawshould play an important role not only in preventingwars or conflicts, but also Teaching and research in international law in contributing to the welfare andprosperity of the people of the world. Dr Atal, speaking in behalf of Unesco, expressedthanks to the Government of the Republic of Korea, the KoreanAssociation of International Law, and the Korean National Commission forUnesco for their kind hospitality and assistance; and to theparticipants who had prepared the country papers. Dr Atal said that the meeting was convened as part of Unesco's ProgrammeXIII.1, namely Maintenance of Peace and International Understanding, for which there was a sub-programme on Reflections on the Factors Contributing to Peace. The meeting was thus a component of that sub-programme,aimed at promoting the development of international law andforming part of Unesco's contribution to the United Nations Programme of Assistance in the Teaching, Study, Dissemination and WiderAppreciation of interntional Law. This task was also conceived as preparatory to the Inaternational Year of Peace to be celebrated in1986. Dr Atal noted certatn influences on the developmentof inter- national law, including various forms of interdependency, the United Nations system, and the instruments emanating from the United Nations. Of particular note was the question of human rights, including the various Unesco instruments relating to human rights. A landmark in the area ot huMan rights was the convening of an International Congress oa the Teaching of Human Rights in Vienna in 1978, as part of Unesco's celebrations of the 30th anniversary of the Universal Declaration of Human Rights. He noted that traditions of human rights exist in all the major religions and cultures ofthe world. Complementary to this, the task of Unesco in this area was three fold: (i) incorporation of fundamental human rights and international public laws into the legal institutions of different countries, (ii) promotion of research and training ofspecialists, and (iii) introduction of these concepts in school curricula. He identified some of the current challenges of international law, such as the New International Economic Order, the law of the sea, internal conflicts leading to the
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