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ASEAN LAW STUDENTS' CONFERENCE XIII

20-23 October 2001

" Discover the Real World ,

        Discover the Real ASEAN "

Themes of ALSC

Table I: E-Commerce; Mankind’s Benefit or Lost

 

                  In the third unofficial ASEAN Social and Economic Meeting (ASEM) which was held in the Philippines in November 1999, the ASEAN nations' representatives signed the e-ASEAN Agreement. Two main conclusions were also arrived at - the first being to increase cooperation in developing electronics, and the second, to accelerate the development and growth of the field of Information Technology of the ASEAN region to a higher level in order to advance ASEAN’s competitiveness and enable it to compete globally.

 

                  Achieving the above status calls for a great many courses of action and much expenditure of effort and time. Thus, the e-ASEAN Agreement has three objectives (relevant to e-commerce). The first is the developing of an ASEAN Information Infrastructure to facilitate the flow of and access to digital information, content, services and transactions. The second, accelerating of the development and growth of e-commerce to boost ASEAN’s economic competitiveness, and lastly the facilitating and liberalizing of trade in Information and Communications Technology (ICT) products and services, and in investments among ASEAN countries.

 

                  At the moment, most ASEAN nations, because of (1) the vagueness of their laws and regulations that apply to Information Technology, (2) e-commerce transactions are considered private international dealings, and hence will bring about cases of conflict of laws, they face three similar problems namely:

 

                  (1)   In civil proceedings relating to e-commerce, there are problems concerning the search of evidence, the examination of evidence, and the enforcement of court decisions;

 

                  (2)   In the matter of taxation, since e-commerce is in effect international trading, therefore the question as to which country or countries should impose and/ or benefit from taxation on the commercial transactions; and

 

                  (3)   Due to the international nature of e-commerce, disputes arising from transactions are bound to be decided differently pursuant to the laws of different countries. It gives rise to the contention as to which countries law should be applied.

 

                  Consequent to the lack of clear and practical e-commerce laws, both the development and popularity of e-commerce will be slowed.

 

                  The conference will be an exchange of knowledge and search of remedies for the three aforesaid problems through discussions and the analyzing of case studies.

 

                  The aim of this conference is to provide an overview of e-commerce in the ASEAN region and increase the knowledge and understanding of the issue. With sufficient knowledge, we will be able to understand and find remedies for the stated hindrances. Furthermore, it will enable us to develop e-commerce in our nations, and finally bring about serious cooperation which will, hopefully result in the ASEAN region's competency to compete globally.

 

                  The aforesaid comments constitute the framework for our e-commerce panel discussion in October.

 

Table Coordinator: Mr.Kansakol Intarasawart (4th year)

Assistance Coordinator: Ms.Caroline Wong (2nd year)

 

 Table II: National Corruption Crisis in ASEAN Countries

 

                  For decades, the ASEAN countries have been suffered from many problems that have a great impact on the national stability in each country. One of the most traumatic situations is the problem of corruption. Up until the 21st century, it is observed that corruption has been a prominent drawback nearly all governments have come no where near the solution. One off the objectives of this conference is to analyze the political.

 

                  Corruption in the administrative sector in ASEAN countries, which has an impact not only in the public sector but also in the private sector. The analysis of the political corruption will lead us to the discussion on the causes and the effects of the corruptible action of the government. Eventually, We hope that our discussion will contribute to be workable and effective solution for the problem. The impact of the corruption had spread out into all classes of our society. Legal proceeding has seemed to be never focussed, Even the judgement system is the way of corruptibal punishment. The corruption problem still occurs in our society. It is still be a question, does the judgement system be able to solve the corruption problem? That is why we all ASEAN nations are here to find out the way of solution by our brainstorms, in order to help our society to be out of corruption. Law is the social instrument. Dearest colleagues, is it a right time for the crucial power of law students? Collaboration for our nations!

 

 

Table Coordinator: Wanlaya Pinrat (4th year)

Assistance Coordinator: Niti Nerngchamnong (3rd year)

 

Table III: Biotechnology and Directions toward the Globalized Era

                  Many of the technological developments of the past two decades have undoubtedly contributed to the quality of human life virtually everywhere in the world. The pace of advancement in Biotechnology has been particularly rapid and could bring about even more dramatic changes to our way of life. For example, it is not inconceivable that menus in the future might offer biotechnologically enriched dishes such as "Golden Rice" and "Super Pork" which will provide consumers with every type of nutrition they need as well as immunization against various diseases. It is also not improbable that organ transplants will become common medical procedure worldwide as scientists perfect cloning and organ-growing techniques that will eliminate the problem of rejection.

 

                  Theses remarkable advances in biotechnology have raised highly controversial ethical, moral and legal issues. Some believe they represent the hopes of humanity and could offer the solutions to the age-old problems of malnutrition and disease. Others say these advances interfere with nature and "the will of God". Although many of the implications of bio-tech developments are not yet certain, it is clear that they will have a profound impact on the values of society.

 

                  During the conference, some biotechnology issues concerning consumer rights, environmental protection and intellectual property will be examined in detail. Discussion topics will include the legal aspects of biotechnological development, and focus on the impact of GMOs and cloning on ASEAN culture and societies specifically. Initially, delegates are invited to give presentations outlining issues relevant to the situation in their respective countries. Following discussions will then offer an opportunity to exchange views and information. Delegates are welcome to express their comments, ideas and opinions throughout the conference. We hope the occasion will be a stimulating and enjoyable experience that will broaden our perspectives and help us reflect more thoughtfully on the issues.

 

Table Coordinator: Ms. Napatporn Tongbai (3th year)

 

 Table IV: Uncover the Entrance of Liberalization where ASEAN Holds the Key.

                  International trade is not only growing at an exponential rate, but the composition of global transactions is also undergoing metamorphic change with the proportion of total trade accounted for by services steadily increasing. However, in defiance of the compelling economic arguments in favor of trade liberalization, tariff and non-tariff barriers together with the development of regional trade blocs has resulted in both an increasing complex and risky trading environment. Formerly, glancing at the establishment of GATT and WTO, it was the failure of foundation of ITO (International Trade Organization). Nonetheless, Although the General Agreement on Tariff and Trade (GATT) was signed, GATT was still enforceable. WTO (World Trade Organization) was established in 1997 based on that agreement, which already existed. In a number of respects, the WTO was viewed as superior with a boarder mandate than GATT allowing it to look at all barriers to trade not simply tariffs and international services where GATT was limited to mercantile trade.

 

                  During the conference, the focus will tend towards examining the impact of WTO regulations for Asian nations and the likely repercussions of China joining the organization. Given the breadth of the subject matter a set of sub-themes have been established which will assist the delegates to address key issues in a systematic manner. The issues are critical, immediate and demanding. The decade up to 1997 saw unprecedented economic growth through the Asian region and it was buoyant exports that were the engine that driving that growth. Indeed, most economists would argue that the regions future prosperity will be resolutely determined by the level and liberalization of trade. While the primary objective of the conference is to raise awareness and knowledge of the WTO, a valuable by product of the conference will be mutuality, namely the exchange of delegates' experiences and their understandings of the WTO’s operations including trends in the future. The contribution of delegates and its value cannot be over emphasized as well as the framework and atmosphere of the conference is to engender and enhance delegate participation. While the subject matter is weighty and requires a reasonably tight structure, the informal and relaxed atmosphere will be fostered. I look forward to seeing you all there and am confident that by the end of the conference we will be profusely informed which is not only the technical operations of WTO but more importantly of its future directions and the real impact it is likely to have on our economics, businesses and legal matters.

 

 

Table Coordinator: Ms.Sumonrat sutthishujjt (3rd year)

Assistance Coordinator: Ms.Thidaporn Sirithaporn (2nd year)

 

Messages from the conference organizers

Chulalongkorn University

Dear students and Participants,

     Our ways of lives depend on many technologies that have become an inseparable part of living. It is irresistible to deny that developed technology assists people ;as far as, it is designed to accommodate human lives. Communication technology is a recognizable technology that human created to provide convenience for capability of transmission. Particularly, free trade combined with communication technology created E-commerce to serve the expansion of trade beyond the edge. While biotechnology is designed to increase the product's amount and qua­lity. Consequently, it is hardly refuse that both E-Commerce and Biotechnology are the obvious outcomes of interchange. The idealism of new economic system, nevertheless, has not yet completed. But it would never take place without transparency in the management because transparency is extremely essential for achievement.

 Thc 13th ALSC is an annual conference for law students to enhance the opportunities for exchanging visions and cultures through the discussion. Truthfully, I do believe that the theme would point out the substance of the genuine world.

 I am, however, intensely appreciated that Chulalongkorn University has played vital roles as a member of ALSA Thailand and a host of the conference. Hopefully, the honorable conference would lead us to the expected purposes.

Associate Professor: Viraphong Boonyobhas

Project Advisor

Chulalongkorn University


ASSUMPTION University

Greeting to everyone gathering at the 13th ASEAN Law Students' Conference in Bangkok.

I am often asked: Aren't there already too many lawyer? Here is my answer:

Nearly half of the nation's senators and the members of parliament are law graduates. The list of people who hold high positions in business, education, government, and so on are lawyers. Our forefathers read law to prepare themselves for civic responsibilities since they knew that law is necessary for all activities in life. They also understood that there could be no peace without law, no prosperity without law, and no civilization without law. This is why legal education has always been the stepladder to leadership and success.

 It will be necessary to figure out the virtual world, so to speak, thus bridging the gap between world. It may prove to be more difficult than finding physical theories in the real world, it may be a long road to reach this goal, but it is not impossible. I believe it is the one that is certainly worth achieving. I also hope this conference will be a milestone towards this end.

 Finally, I thank all of you for making the 13th ASEAN Law Students' Conference a success by your attendance. I strongly believe that the conference will be most inspiring, rewarding, and above all enjoyable.

Associate Professor Pornchai Soonthornpan

Dean of the Faculty of Law

Assumption University

 

ALSA

Dear Participants and Distinguished Friends,

It is my ultimate pride and undiminished pleasure to once again acquire an opportunity to warmly welcome the conspicuous delegates to the 13th ASEAN Law Students' Conference to our country.

This conference's origin, as a matter of fact, commenced in November 2000 in Baguio City, the Philippines where we eventually entered a bid and were elected to be the host of the next conference on account of ALSA - Thailand. Even though it had been radically far back which Thailand used to play this remarkable role, we, the National Committee of ASEAN Law Stu­dents' Association of Thailand were not, to any extent, disinclined. On the contrary, we were doubtlessly conceivable that chances always favor the prepared mind. Our peculiar credence significantly abided. It was the credence in the new-sprung conception of commencement and collaboration associated with the adamant unity among law students, which was consi­dered prerequisite. The annual conference, notwithstanding, is an option to be chosen as for its qualification which provides the most uniquely opportune access available for law students to amplify and embellish their visions and cultures by exchanging ideas through the activities conducted.

I, nonetheless, as the President of ALSA, would like to asseverate my utmost appreciation to every single person who has been assiduous in concurrently struggling with any obstacles lying thwart throughout the interim of hardship. For those stated, my gratitude was theirs.

Conducting our organization forward, still and all, could be stacked up against playing the song. Provided that our beloved organization were lyric as we were notes. In the event that they could conceive what to perform, then synchronize, nothing befalls,   but the impressive song. I, In due course, do have my beseeching expectancy that our song will be eternally more and more melodious.

Cordially yours,

Praphan Chaisirivikrom

President

 

ALSA 

On behalf of the organizing committee, it is with great pleasure that I extend, warm greetings to all the delegates and participants of the 13th ASEAN Law Students' Conference in Bangkok.

This year's theme is "Discover the Real World, Discover the Real ASEAN". The world is becoming increasingly interlinked through growing exchanges between nations and regions at all levels and in all domains. It is therefore timely that we, the ASEAN countries, join together and make influences across the world, updating and adopting the fast growing pace of techno­logy around us, and implementing these developments to benefit our countries for a better future together.

Finally, I would like to extend my most sincere thanks to all of you for making the 13th ASEAN Law Students Conference a success, and I am looking forward to a continuous and dedicated cooperation from all of us.

Varongkorn Bejrakashem

Vice President

Head, Organizing Committee

ALSA THAILAND

I am truly appreciated in the name of ALSA Thailand, as a hosting country of the 13th ASEAN Law Students' Conference. It is such an honor for us all to serve all law students in ASEAN and neighbor countries. The annual conference is what we have been looking forward for each year for having a meeting among us In order to maintain our objectives, the annual confer­ence is vitally essential. Under the main theme "Discover the real world, Discover the real ASEAN", we can share vary perspectives, opinions throughout the discussion. In fact, the theme and sub-themes are set under the world's situation that related to the legal education. Towards the growth of globalization these days, there is no border between learning and sharing your knowledge and viewpoint to others, We would like to learn more than what we have to. Meanwhile, not only self-study is an effective learning style. Being open-minded and a good listener are also important as well.

"Discover the real world, Discover the real ASEAN" is a main theme during 3 days of the conference. Personally, the real theme is what we will get during the conference and the social days are more valuable. It is friendship for a lifetime because some legal science needs outside class experience. Not everyone has a chance to explore the real world and gain the useful part of it. Thus, I would like to congratulate to all delegates who are very welcomed to the annual conference. On behalf of ALSA Thailand, we would like to say that we are glad to be a country for the 13th conference. It takes effort, patience, ability, time and the most importantly, our staffs' dedications for serving the conference.

Through the eyes of the hosting country, I truly believe that the goal would not be further than our guests enjoy their visits and have a memorable moment during the time in Thailand. Ultimately, I would like to thank the organizing committee for their co-operative works and sacrifice that bring out the attainable event.

Pajaree Thongvanit

Chairperson of ALSA Thailand

13th ALSC Organizing Committee