Volume 10 No. 1 (November 2000)

ARTICLE

KOREAN ATTITUDES TOWARDS LAW,  Chan Jin Kim

 

PRACTITIONER'S NOTE

THE RULE OF LAW AND COMMERCIAL LITIGATION IN MYANMAR, Alec Christie

 

TRANSLATION

THE LAW ON COMMUNICATIONS INTERCEPTION DURING CRIMINAL INVESTIGATIONS, Translated by Yohei Suda

 

COMMENTS

ONE COUNTRY, THREE SYSTEMS? JUDICIAL REVIEW IN MACAU AFTER NG KA LING, Judith Krebs

 

MICROFINANCE AND POVERTY ALLEVIATION: LESSONS FROM INDONESIA’S VILLAGE BANKING SYSTEM, Yoko Miyashita

 

 

KOREAN ATTITUDES TOWARDS LAW
Chan Jin Kim

Transformation is the key word to explain the Korean attitudes towards law. In the early 1950's, nation building gave impetus to economic growth and allowed Korea to quickly pass through preliminary stages of development. Industrialization, urbanization, and eventual emigration of the populace have, in many senses, displaced the traditional social value system based on Confucianism. However, a new value system has yet to take hold. The lack of such guidelines has left Koreans in a state of confusion in a world that continues to change. The Korean Constitution clearly mandates equal protection under the laws for all Koreans. However, such concepts as fundamental rights, human dignity, sovereign power, or election of officers were only introduced after 1948. As a result, Korean attitudes toward law have failed to keep pace with economic development. While attitudes are shifting, a lack of respect for the law is still a challenge that must be overcome before Korea joins the ranks of a truly industrialized nation.

 

 

THE RULE OF LAW AND COMMERCIAL LITIGATION IN MYANMAR
Alec Christie

After nearly thirty years of self imposed isolation, Myanmar has reemerged as a significant potential destination for foreign investment. One of the key attractions of Myanmar as a destination for foreign investment is its legal system and historical commitment to the rule of law. With ASEAN membership and increasing levels of foreign investment in Myanmar, use of its legal system by foreign investors and their counsel has grown. The aim of this article is to outline, for both investors and legal professionals in other countries throughout the region, Myanmar's legal system and its practical operation in the area of commercial litigation, including the enforcement of foreign judgments and arbitral awards.

 

THE JAPANESE LAW ON COMMUNICATIONS INTERCEPTION DURING CRIMINAL INVESTIGATIONS: TRANSLATOR'S INTRODUCTION
Yohei Suda

Japan enacted the Law on Communications Interception During Criminal Investigations last year to help control organized crime. The legislation is, in part, a reaction to domestic and international pressure that grew from recent, well-publicized crimes such as the Aum Shinrikyo attack on a Tokyo subway. The Interception Law is a powerful tool for Japanese law enforcement, however the question of whether the Interception Law violates Japan's constitutional rights to privacy and secrecy of communication has not yet been resolved.

 

 

ONE COUNTRY, THREE SYSTEMS? JUDICIAL REVIEW IN MACAU AFTER NG KA LING
Judith Krebs

The Ng Ka Ling decision by the Hong Kong Court of Final Appeals and its reversal by the Standing Committee of China's National People's Congress, raise serious concerns regarding the adequacy of judicial review and the protection of the rule of law in the new special administrative regions under China's “One Country, Two Systems” approach. Judicial review lies at the forefront of this controversy because it largely delineates the contours of local autonomy and the extent to which those who experience legal violations will have remedies. This Comment explores the roots of the conflict in Hong Kong and examines whether those same factors are present in Macau. After comparing the Basic Laws of Macau and Hong Kong, it concludes that the conflicts over judicial review in Hong Kong could occur in Macau. However, because of Macau's legal culture, particularly the inexperience of the judiciary, conflicts over judicial review will probably not reappear in Macau.

 

 

 

MICROFINANCE AND POVERTY ALLEVIATION: LESSONS FROM INDONESIA'S VILLAGE BANKING SYSTEM
Yoko Miyashita

Indonesia needs an aggressive poverty reduction strategy to counter the 1997 Asian financial crisis, which has propelled millions of its citizens into poverty. Microfinance is a proven method of reducing poverty and has been successfully used within Indonesia in government-supported programs. In addition to continuing its state-run microfinance programs, Indonesia should support increased non-governmental organization (“NGO”) participation in microfinance programs by permitting NGOs to conduct the full range of activities of a state-run microfinance program. Such a move would help to ensure that microfinance services reach people with the least access to the formal financial sector.