CAFTA 2011: “Liberalisation of CAFTA Legal Services” (Session Four)
Thursday, 03 November 2011 08:34am
Contributed by Mohd Faiezad b Razali, Pupil in Chambers
The fourth session of the 5th China-ASEAN Forum on Legal Cooperation and Development (“CAFTA 2011”), entitled “Liberalisation of CAFTA Legal Services”, took place on 27 Sept 2011 (Tuesday). This topic was discussed by representatives from Malaysia, People’s Republic of China (“PRC”) and Vietnam. Professor Ding Ding, Deputy Dean, School of Law, University of International Business and Economics, PRC, was the moderator for this session, and he began by introducing the panelists.
The first speaker for the session, Chew Seng Kok, Managing Partner, Messrs Zaid Ibrahim & Co, started by posing the following question: “Are we ready for liberalisation in ASEAN?” The delegates were presented with statistics that revealed legal services must follow the trade flow as the East was taking over from the West. Eastern countries were re-ordering the world’s economy, and the rise of Asia was affecting legal services in which international law firms and legal practitioners were able to provide their services in Asia. Chew Seng Kok cautioned that Asian legal practitioners or legal firms could either sink or swim with the current flow. He also highlighted that obstacles presently faced by Asian legal practitioners should not act as barriers against liberalisation.
China, in celebrating its 10th anniversary of joining World Trade Organization (“WTO”), has undergone many changes on its way towards liberalisation. Yang Guohua, Deputy Director-General, Department of Treaty and Law, Ministry of Commerce, PRC, commented that from PRC’s experience, both government and legal practitioners or legal firms would enjoy benefits through the liberalisation of legal services. He mentioned that the liberalisation of legal services was interconnected with the globalisation of trade, highlighting that both of them required each other. In addition, Yang Guohua explained that China had always promoted liberalisation under WTO and CAFTA, and he expected a higher level of liberalisation and mutual co-operation in the future. He concluded his speech by remarking that there was an urgent need for progressive liberalisation of legal services.
The next speaker, Dr Nguyen Thanh Tu, Deputy Director General, Department of International Law, Ministry of Justice, Vietnam, discussed the topic of “Progressive Liberalisation of Trade in Legal Services in CAFTA: Vietnam’s Perspective”. He gave an overview of liberalisation of trade in legal services in CAFTA by presenting statistics on commitments by CAFTA members. While discussing Vietnamese conditions for liberalisation, Dr Nguyen Thanh Tu pointed out that there was a need for Vietnam to increase its pace in liberalising its legal services.
Dr Wang Gongyi, Director-General of Institute of Justice, Ministry of Justice, PRC, then gave his speech on “Introduction of China’s Legal Services”. He highlighted that, with the emergence of international trade and agreements, China was paving the way for the provision of legal services in view of the rapid development in economic growth and demand for the globalisation of legal services. He pointed out that China had been opening up its legal services for the last 20 years, and was upholding its promise to allow foreign lawyers and firms to provide legal services. In his concluding remarks, Dr Wang Gongyi asked for continued communication among all CAFTA members, towards a mutual understanding in the liberalisation of legal services. One must try, he said, to adapt with the culture and practice of other countries.
The session ended with further discussion based on questions raised by the delegates.
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