delegate's guide for st indonesia

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 Rea ASIAN LAW STUDENTS’ ASSOCIA  “Reaching Through Cross-C  hing out the Harmony of Globalization through C Understand ing and Global Lawmaking TION  LIVE,LEARN,AND LE  LIVE,LEARN,AND LE  LIVE,LEARN,AND LE   LIVE,LEARN,AND LE e legate’s Guide Book ALSA Indonesia Study Trip in Bali Out The Harmony of Globalization ltural Understanding and Global Law  oss Cultural D WITH CULTURE D WITH CULTURE D WITH CULTURE D WITH CULTURE making” 

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Page 1: Delegate's Guide for ST Indonesia

8/8/2019 Delegate's Guide for ST Indonesia

http://slidepdf.com/reader/full/delegates-guide-for-st-indonesia 1/27

 

Rea

ASIAN LAW STUDENTS’ ASSOCIA 

“Reaching

Through Cross-C

 

hing out the Harmony of Globalization through CUnderstanding and Global Lawmaking

TION  LIVE,LEARN,AND LE LIVE,LEARN,AND LE LIVE,LEARN,AND LE   LIVE,LEARN,AND LE

elegate’s Guide Book

ALSA Indonesia

Study Trip in BaliOut The Harmony of Globalization

ltural Understanding and Global Law 

oss Cultural

D WITH CULTURED WITH CULTURED WITH CULTURED WITH CULTURE

making” 

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Reaching out the Harmony of Globalization through Cross CulturalUnderstanding and Global Lawmaking

ASIAN LAW STUDENTS’ ASSOCIATION  LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE

Greetings from Indonesia!

Globalization and the world’s changing order has become the

current issue which is complicated yet challenging. This issue

provides human beings with power and troubles. Several nations

take globalization as a good opportunity for their economic sector

to be developed and broaden. On the other hand, other nations

take globalization as a threat, since they have not ready yet to face

this era. This paradox situation shall be considered as the disparity 

of human’s understanding and ability to handle this circumstance.

Culture is one of the potential ways to facilitate all nations to

peacefully engage cooperation and communication to strengthen

their relationship which hopefully could lead this world to a better

situation.

  That is why, this year ALSA Indonesia would like to initiate this

idea by creating an event which will be the place for ALSAians to

gather and exchange their knowledge as well as promoting their

cultures which namely  ALSA Study Trip in Bali 2010. This event will take place in Bali, one of the world’s most beautiful islands, on

the 6th until 10th November 2010 with the theme “Reaching out 

the Harmony of Globalization through Cross Cultural 

Understanding and Global Lawmaking ”. 

 There will be symposium, table discussions, legal visits and cultural

performances on this event. Should you have any queries, don’t

hesitate to contact the undersigned.

 We are looking forward for your participation. Let’s live, learn and

lead with culture!

Keshia Sifra Pandeiirot

Project Officer, President of ALSA Indonesia

 ALSA Indonesia

National Board 2010-2011

Keshia Sifra Pandeiirot

President 

+6285691791833

[email protected] 

Cindy Nur Fitri

Secretary General  

+6283869696921

[email protected] 

Devyta Wijaya

First External Affairs Officer 

+6281944225522 

Rizky Aliansyah

Second External Affairs Officer 

+6287881661335

[email protected] 

Mario Gideon MandangFirst Internal Affairs Officer 

+6285740612871

Munawar

Second Internal Affairs Officer 

+6285760010590

[email protected] 

Secretariat:

Universitas Diponegoro

Faculty of Law 

 Jl. Imam Bardjo, SH No.1

Semarang 50241 – INDONESIA

Phone +6285691791833

+6283869696921

+622749206900

[email protected] 

 www.alsaindonesia.or /site

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Reaching out the Harmony of Globalization through Cross CulturalUnderstanding and Global Lawmaking

ASIAN LAW STUDENTS’ ASSOCIATION  LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE

Greetings from Academic Activities Coordinator

Dear delegates,

It is my distinct honor and pleasure to welcome you to the Study Trip in Bali, held by ALSA

Indonesia. My name is Devyta Wijaya and I’m in charge of Academic Activities and Delegate

Relations in this event.

Study Trip in Bali is the very first Study Trip held by ALSA Indonesia. As Indonesia is very 

rich with culture and tradition, it is suitable to choose culture as the main theme of this

event. The member of ALSA around Asia are the future leaders of Asia and even the world,

 we will discuss about current issues and try to seek a resolution. Realizing the condition of 

globalization, we pick the theme “Reaching out the Harmony of Globalization from

Cross-Cultural Understanding and Global Lawmaking”. The delegates could find the

 way to live, learn and lead with culture is our goal.

For Academic activities, we have 2 Symposiums, Academic Visits, Table Discussion and

 Table Rotation (you can find the program details enclosed). All of these activities are related

to culture in a globalization world. Take your time to explore the study guide and do some

research regarding the topic, so you can familiarize yourself with the subject matter.

I’m wishing you an enlightment in Symposiums, a fruitful discussion in Table Discussion

and Table Rotation, and a fun Academic Visits!

 Take care and see you soon.

 Truly yours,

Devyta Wijaya 

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Reaching out the Harmony of Globalization through Cross CulturalUnderstanding and Global Lawmaking

ASIAN LAW STUDENTS’ ASSOCIATION  LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE

 ALSA at glance

 Asian Law Students’ Association 

  Asean Law Students Association (hereinafter ALSA) wasformed on May 18th 1989 by a group of law students from  ASEAN countries, which are Indonesia, Malaysia, Philippines,Singapore and Thailand. The agreement to form ALSA, took place in Jakarta during the 1989 ALSA conference.

Since the information technology growth rapidly, and theinteraction trough communication with the globalizationprinciples emerged, ALSA accepted it as a strong motivation toexpand the network and friendship between the law students in  ASEAN countries with law students from the rest of Asiancountries. Therefore, on September 7th, 2002 ALSA and theother Asian countries which unified in the Asian Law Students'  Association (Japan, Korea, China, Taiwan, and Hong Kong)agreed to merge their organizations  through the Tokyo  Agreement to become Asian Law Students'   Association(ALSA). 

  Asian Law Students' Association (ALSA) is a non-governmental and nonpolitical organization whose membersconsist of the law students from Asian  Countries.  The

purposes of ALSA are to promote a better understanding andappreciation to different legal systems on each country, as well aspromoting friendship among the students and to facilitate theexchange of information and newest legal issues. More than10000 law students in Asia joint to  ALSA. 

 Annual events of ALSA are:

- ALSA Conference (AC)- ALSA Forum (AAF)- Study Trip

 ALSA International Activities are:

- Student Trainee Exchange Program (STEP)- ALSA Magazine- ALSA International Academic Program (AIAP)- International Video Conferences (IVid)

Our Visions:

•••• to focus a global vision on thepromising future of Asia• to promote an awareness of 

  justice• to facilitate the recognition of the social responsibilities on law

students.

Our Objectives:

• to understand and appreciatethe diversity and share theideals of law in society throughexchange and communication

among Asian law students• to motivate law students todevelop a creative spirit througha network of joint activitiesamong Asian law students• to encourage theenhancement of the capabilitiesof Asian Law students to

become internationally minded,socially responsible,academically committed andlegally skilled. 

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Reaching out the Harmony of Globalization through Cross CulturalUnderstanding and Global Lawmaking

ASIAN LAW STUDENTS’ ASSOCIATION  LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE

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Reaching out the Harmony of Globalization through Cross CulturalUnderstanding and Global Lawmaking

ASIAN LAW STUDENTS’ ASSOCIATION  LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE

 ALSA Study Trip 2010

Study Trip is one of the most favorite ALSA events for its members. There are colorfulactivities on this event including academic activities and culture exchange activities, whichfully promote the communication and joint activities among Asian law students. ALSA

  Thailand, ALSA Japan and ALSA Malaysia had successfully hosted this event on theprevious occasions. In the meantime, it is honor for ALSA National Chapter Indonesia tohost this year and the very first ALSA Indonesia Study Trip 2010.

This event has the following details:Date : November 6th – 10th 2010Participants : 50 delegates from across Asia (ALSA members)

  Activities : annexed 

 Theme:“Reaching Out The Harmony of Globalization ThroughCross-cultural Understanding and Global Lawmaking” 

Globalization and the world’s changing order has become the current issue which iscomplicated yet challenging. This issue provides human beings with power and troubles.Some nations take globalization as a good opportunity for their economic sector to be

developed and broaden. On the other hand, some nations take globalization as a threat, sincethey have not ready yet to face this era. This paradox situation shall be considered as thedisparity of human’s understanding and ability to handle this circumstance.

  Asia as one of the prominent continent which is granted with a strategic geographical

location, high quality and quantity of manpower, exquisite cultural properties and also

prosperous natural resources, should have hold the key factors of harmonization of 

globalization. But apparently, most of Asian countries still far left behind with the European

countries and Latin American countries which is currently engaged their integration to

strengthen their cooperation with regard to prepare their region for the open market era.

Communications and cooperation is the main key for Asian countries to start its step to

unite and develop together. Culture, is one of the potential way to promote cooperation and

exchange communications among Asia nations. Culture is not only something from the past

that we can only enjoy and have it as a heritage but moreover it is the time for the future

leaders to take the challenge to live, learn, and lead with culture.

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Reaching out the Harmony of Globalization through Cross CulturalUnderstanding and Global Lawmaking

ASIAN LAW STUDENTS’ ASSOCIATION  LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE

 Academic Activities:

Symposiums

Symposium 1: International Patent Protection Towards Cultural Heritage

Objectives:

•   To give an understanding to participants about International Patent Protection

   To give a deeper knowledge to participants about the importance of InternationalPatent Protection and how it works overseas

•    To give an understanding to participants about the relation between InternationalPatent Protection and Cultural Heritage.

Symposium 2: Local Wisdom as Global Solution

Objectives:

•   To give an introduction to participants about the local wisdom in Indonesia and Bali

in particular

•   To give an understanding to participants about how to make the law lives in harmony  with the society and how important this situation

•    To open the participants’ mind about how local wisdom can be used as globalsolution.

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Reaching out the Harmony of Globalization through Cross CulturalUnderstanding and Global Lawmaking

ASIAN LAW STUDENTS’ ASSOCIATION  LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE

 Table Discussions 

In this Study Trip, There will be 4 groups of Table Discussion, the delegates will discussabout culture and globalization. Table Discussion of ALSA events is a very traditional one,having participants from different countries to talk about the same issue is very interesting and try to find a solution for the issue is even more challenging!

 The resolution that you will made together with the fellow delegates in TD will be submittedto UNESCO as the document. So speak up and don’t let your thoughts remain unspoken!

 Table Discussion A: 

Cultural Claims and Cultural Property Disputes as a Challenge of Diplomacy

 A.1. Background

Under conditions of globalization, legal claims to protect, preserve, maintain, and to exploitculture have assumed a new urgency. Cultural diversity has become a matter of state concernand fears of cultural homogenization animate movements to promote a revitalized realm of cultural policy. Municipal governments see cultural amenities, attractions, and social values asimportant resources to attract labor and capital and engage in cultural planning exercises asthey seek to brand urban space. Rural spaces become culturalised as traditions are

constructed to establish market distinctions for local goods and traditional knowledge is valorized in international environmental treaties. But if culture is clearly delineated for thepurposes of state management and the creation of new intellectual properties, it is alsoevoked in anti-globalization movements that contest growing forms of corporate hegemony.

 A.1.1. Cultural Property

  The United Nations term "cultural property" includes sites having archeological(prehistoric), paleontological, historical, religious, and unique natural values. Culturalproperty, therefore, encompasses both remains left by previous human inhabitants (for

example, middens, shrines, and battlegrounds) and unique natural environmental featuressuch as canyons and waterfalls. The rapid loss of cultural property in many countries isirreversible and often unnecessary. 

Cultural property can be divided into several categories and ancillary issues. There is the "realproperty," comprised of the land, the bones and ceremonial burial items of the ancestors,and other artifacts recovered in the exploration of past civilizations. Then there is theintellectual property, the ideas and practices, the languages, the music and the writings. The

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Reaching out the Harmony of Globalization through Cross CulturalUnderstanding and Global Lawmaking

ASIAN LAW STUDENTS’ ASSOCIATION  LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE

protection of these properties and the way in which indigenous cultures can deal with thepeople outside their culture who wish to learn about these things, whether for academic

reasons or for their own reasons, are dealt with here.

 A.1.2. Cultural Claims and Disputes

Disputes regarding cultural property are a common irritant in international relations. Thesedisputes stir great passions because they touch upon questions of cultural identity, religion,and national history. These passions in turn harden the positions taken by the partiesinvolved, retarding resolution and increasing resentment. Indeed, some such disputes haveremained unresolved for decades if not centuries.

Because most cultural property disputes are international, they implicate a variety of legal norms andraise complex choice of law questions, such as conflicting evidentiary standards and statutes of limitations. Therefore, "traditionallegal norms are often incapable of addressing the special problems of cultural property." Even when

international law can provide a correct legal answer as to the ownership of a specific object,that answer, by its nature, often cannot take into account the political, moral, and ethicalclimate into which a dispute was born or in which it continues to exist. Therefore, whilelegally correct, this answer may be deemed illegitimate by one or more of the partiesinvolved, all but guaranteeing that this conflict will continue to simmer or that futurerelations between the parties will suffer.

  Within most countries, illegally gotten cultural property is generally covered by a nation'sstolen property laws. But transport that cultural property across a border, may have violatedcivil law, criminal law, an import or an export prohibition, or a combination of the above,

depending on which country we're talking about, what the object is, and who owns it. Muchalso depends on the particulars of the bilateral and multilateral agreements, if any, betweenthe countries in question, which stipulate whether and to what degree one will honoranother's export restrictions.

Obviously, when the dispute is between nations, national pride, politics, and politicalgrandstanding tend to take precedence over law. That's probably why such disputes have ahabit of becoming so emotional, and so unresolvable—as evidenced by the long-running 

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Rea

ASIAN LAW STUDENTS’ ASSOCIA 

brouhaha over the Elgin Marblsculptures, removed from the

Lord Elgin from the Ottomansaved them from destructionGreek air pollution. Yet Greethe purchase shouldn't count.But Greece didn't exist as anapplied retroactively. Perhaps tthrough diplomacy, rather than

Despite the frequency of cultuniversally acceptable framewo

an ad hoc basis.

 A.2. The Role of Internation

 A.2.1. UNESCO

 The United Nations EducOrganization ( UNESCO; isNations established on 16 Noto contribute to peace and scollaboration through educatio

further universal respect forhuman rights along with fundaUN Charter. UNESCO has

 Associate Members. The organ50 field offices and many spethe field offices are "cluster" oand regional offices.

UNESCO had initiated work ocooperation. UNESCO, toget

discuss about cultural properconventions regarding the illicpromote the restitution of oundertaken by UNESCO on thave opened the door to new the cultural heritage of humanbearer of such expressions aownership of them and consta

hing out the Harmony of Globalization through CUnderstanding and Global Lawmaking

TION  LIVE,LEARN,AND LE LIVE,LEARN,AND LE LIVE,LEARN,AND LE   LIVE,LEARN,AND LE

es, which escalated about 20 years ago. Britaarthenon in the early 19th century, were lega

Empire, which then controlled Greece—a mduring Greece's War of Independence ande counters that the seller was an occupying oth nations regard the sculptures as their culindependent nation until 1832 and patrimohat's why Greece, so far, has attempted to rein court.

ral property disputes, there is currently nork for their resolution. Rather, each dispute i

l Organization in Cultural Property Disp

tional, Scientific and Culturala specialized agency of the Unitedember 1945. Its stated purpose iscurity by promoting internationaln, science, and culture in order to

justice, the rule of law, and themental freedoms proclaimed in the

193 Member States and sevenization is based in Paris, with overialized institutes and centres throughout thefices covering three or more countries; there

n a new multi-lateral convention to require ser with the states member had made som

ty and illicit trade in particular. It alsoit exportation and trafficking of cultural prjects to their countries of origin. Many y e functions and values of cultural expressioapproaches to the understanding, protectioity. This living heritage, known as intangiblsense of identity and continuity, insofar astly recreates them.

oss Cultural

D WITH CULTURED WITH CULTURED WITH CULTURED WITH CULTURE

n holds that thelly purchased by 

ove that thereby by modern-day force, thereforetural patrimony.y laws can't be

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 world. Most of are also national

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ad made someperty as well asars of researchns and practices

and respect of , provides eachhe or she takes

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Reaching out the Harmony of Globalization through Cross CulturalUnderstanding and Global Lawmaking

ASIAN LAW STUDENTS’ ASSOCIATION  LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE

against, cultural property" in time of war. Moreover, a State that occupies "the whole or partof the territory" of another State Party is obliged to assist the authorities of the occupied

country with the protection of its own cultural patrimony.

  According to an annexed Protocol, each State undertakes to prevent the exportation of cultural property from a territory under its occupation during an armed conflict, and toconfiscate and return "cultural property imported into its territory either directly or indirectly from an occupied territory".

 As of December 18, 2003, 108 countries have ratified this Convention and 87 have accededthe Protocol, including Iraq in 1968. The United States ratified the Convention onSeptember 25, 2008. 

  A.3.2. Convention on the Means of Prohibiting and Preventing the Illicit Import,Export and Transfer of Ownership of Cultural Property (UNESCO 1970)

  The problem of the illicit trade in antiquities—and the strong incentive for pillage of archaeological sites that it creates—was addressed at the international level by the adoptionof the 1970 UNESCO Convention. The convention defines cultural property as "property,

  which on religious or secular grounds, is specifically designated by each state as being of importance for archaeology, prehistory, history, literature, art or science." (Article 1) Among other things, this convention obliges State Parties to prohibit the importation of culturalproperty stolen from a museum or monument in another participating country (Article 7b),

and allows State Parties whose archaeological or ethnological patrimony is in jeopardy frompillage to ask other State Parties for help in protecting the affected categories of materials,through measures that may include restrictions on imports and exports (Article 9).Furthermore, State Parties pledge to oblige antiquities dealers "to maintain a registerrecording the origin of each item of cultural property, names and addresses of the supplier,[and] description and price of each item sold" (Article 10a)—a requirement that wouldobviously serve as a very powerful deterrent to the illicit trade.

 Thus far 103 countries have joined the Convention. Iraq ratified in 1973. The United Statesadhered in 1983—the first major art-market country to do so—and simultaneously passed

specific implementing legislation: the Convention on Cultural Property Implementation Act.Unfortunately, the U.S. declined to implement Article 10a, on the alleged grounds thatregulation of antiquities dealers is best left to state and local governments.

Most recently, Britain and Japan joined the Convention in 2002, and Denmark, Sweden andSwitzerland in 2003. The Swiss ratification is particularly heartening news, since Switzerlandhas long been a major center for the trade of art and antiquities illegally exported from other

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Reaching out the Harmony of Globalization through Cross CulturalUnderstanding and Global Lawmaking

ASIAN LAW STUDENTS’ ASSOCIATION  LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE

countries. Moreover, in June 2003 the Swiss parliament adopted strong and comprehensiveimplementing legislation; it includes, for instance, full enactment of Article 10a.

  A.3.3. Convention Concerning the Protection of the World Cultural and NaturalHeritage (UNESCO 1972)

The 1972 UNESCO Convention on World Heritage aims at the preservation of immovable

cultural property, such as buildings and monuments, and of natural sites, such as geological

formations and the habitats of endangered species of animals and plants. This Convention has

received wide international support, as it does not impose particularly onerous obligations on

participating countries.

  A.3.4. UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects

(UNIDROIT 1995)

  The UNIDROIT Convention aims to harmonize the laws of participating countriesregarding claims for the return of stolen or illegally exported cultural property. Morespecifically, it allows private individuals to bring claims for the return of stolen culturalproperty that has ended up in a foreign country; and it aims to clarify the extent to whichimporting countries are obliged to respect other countries' export-control laws. TheUNDIROIT Convention should thus be regarded as complementary to the UNESCOConvention on cultural property. Thus far, only a handful of countries have joined theUNIDROIT Convention.

 A.4. Questions A Resolution Must Answer (QARMA)

Finally, we witness the emergence of a new cultural politics of difference in place-basedmovements that draw upon international indigenous and human rights traditions to establishtheir claims to livelihood resources, territories, and cultural survival. A good diplomacy isneeded to solve the problem challenged by the legal recognition of cultural assertions andthe stakes and limitations of cultural claims.

 After a fruitful discussion in the Table Discussion, delegates have to make a resolution thatis comprehensive as an answer to the issue. The resolution should answer these following 

questions:

1.  How can we reduce the number of cultural property dispute? How can each country manage its cultural property’s protection?

2.  How the countries utilize UNESCO as an intergovernmental organization to tacklethe issue regarding cultural property? How can countries maximize the application of 

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Reaching out the Harmony of Globalization through Cross CulturalUnderstanding and Global Lawmaking

ASIAN LAW STUDENTS’ ASSOCIATION  LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE

international conventions that has been made by UNESCO? How the countries canalso use other organizations to manage this problem?

3. 

How can countries enact in a diplomatic way when they facing the cultural property disputes? What spesific measures need to be taken by countries immediately to tacklethis problem?

 Table Discussion B:

Culture As A Part of Regional Organization

B.1. Background

B.1.1. Regional Organization

Regional Organization (RO) incorporate international membership and encompassgeopolitical entities that operationally transcend a single nation state. However, theirmembership is characterized by boundaries and demarcations characteristic to a defined andunique geography, such as continents, or geopolitics, such as economic blocks. They havebeen established to foster cooperation and political and economic integration or dialogueamongst states or entities within a restrictive geographical or geopolitical boundary. They both reflect common patters of development and history that have been fostered since theend of World War II as well as the fragmentation inherent in globalization.

Most ROs tend to work alongside well-established multilateral organizations such as theUnited Nations. While in many instances a regional organizations are simply referred asinternational organizations, in many other it makes sense to use the ROs term to stress themore limited scope of a particular membership.Examples of ROs include the African Union(AU), European Union (EU), the Organization of American States (OAS), the Arab League,

 Association of Southeast Asian Nations (ASEAN) and South Asian Association for RegionalCooperation (SAARC).

B.1.2. Culture And Regional Organization

Culture is our legacy and our future. We draw upon it to shape our identities - as individuals,as a nation and as a region. Culture defines our heritage and helps in our personal andnational development. An essential part of our culture is our value system. Many economistsand policy-makers tend to downplay the role of cultural values in business and economicdecisions. Yet, behaviour and instinct in the economic realm go back to our culturalupbringing. 

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Reaching out the Harmony of Globalization through Cross CulturalUnderstanding and Global Lawmaking

ASIAN LAW STUDENTS’ ASSOCIATION  LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE LIVE,LEARN,AND LEAD WITH CULTURE

 We know that state members of Regional Organization’s home country, ethnic group, socio-economic background, religion and professional experiences determine his/her values.

  Work habits, views about time and life-opportunities vary from country to country.Nonetheless, there are behavioural inclinations that cut across societies of the state membersthat have been shaped through the centuries by common geography, climate and sharedhistorical experiences with each other and with countries outside the region. Therefore, in aregional organization, the state members should respect each other despite of the differentculture. Furthermore, the state member of a regional organization should utilize thedifferences of their culture to enrich the organization and to make it more solid.

B.2. ASEAN

 The   Association of Southeast Asian Nations, commonly abbreviated ASEAN is a geo-political and economic organizationof 10 countries located in Southeast Asia, which was formed on 8

  August 1967 by Indonesia, Malaysia, the Philippines, Singaporeand Thailand. Since then, membership has expanded to includeBrunei, Burma (Myanmar), Cambodia, Laos, and Vietnam. Itsaims include the acceleration of economic growth, socialprogress, cultural development among its members, theprotection of the peace and stability of the region, and to provideopportunities for member countries to discuss differences peacefully. 

  The organisation holds meetings, known as the ASEAN Summit, where heads of government of each member meet to discuss and resolve regional issues, as well as toconduct other meetings with other countries outside of the bloc with the intention of promoting external relations.

Beside the meetings among ASEAN countries, ASEAN also held a meeting with otherneighbours country, The East Asia Summit (EAS) is a pan-Asian forum held annually by theleaders of 16 countries in East Asia and the region, with ASEAN in a leadership position.

 The summit has discussed issues including trade, energy and security and the summit has arole in regional community building. The members of the summit are all 10 members of 

 ASEAN together with China, Japan, South Korea, India, Australia and New Zealand 

Beside those meetings above, ASEAN have some other meetings, but the most famous oneis The ASEAN Regional Forum (ARF) is a formal, official, multilateral dialogue in AsiaPacific region. As of July 2007, it is consisted of 27 participants. ARF objectives are to fosterdialogue and consultation, and promote confidence-building and preventive diplomacy inthe region. The ARF met for the first time in 1994. The current participants in the ARF areas follows: all the ASEAN members, Australia, Bangladesh, Canada, the People's Republic of 

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China, the European Union, India, Japan, North Korea, South Korea, Mongolia, New Zealand, Pakistan, Papua New Guinea, Russia, Timor-Leste, United States and Sri Lanka. ] 

 The Republic of China (also known as Taiwan) has been excluded since the establishment of the ARF, and issues regarding the Taiwan Strait are neither discussed at the ARF meetingsnor stated in the ARF Chairman's Statements.

B.3. Current Situation

Most of the Regional Organization realized that culture is one of the thing that can tightenthe bond between countries member, hence, they already done some spesific measures suchas held a conference regarding this or build a specialized agency. As in ASEAN, it has form acommittee on culture and information. ASEAN as a regional organization has adopted

approaches and strategies to enrich the existing value-systems of member countries and toconsolidate a collective value system that will be the foundation of an emerging ASEANcommunity. It also struggling to obtain intellectual property rights to protect the region's

 various communal arts and cultural products on the international market.

B.3.1. Case of Cultural Dispute Between Countries Member of RegionalOrganization

Indonesia and Malaysia often have a dispute over cultural heritage because of theneighboring location and similarity in some aspects. Both countries are the member of 

 ASEAN. Despite sharing ethnic, cultural and religious identities, Indonesia and Malaysia -

both predominantly Muslim - have been embroiled in occasional disputes over matters suchthe treatment of migrant workers, territorial disputes and, more recently, cultural icons.

 About 2 million Indonesians work in Malaysia, mainly as plantation labourers and domesticmaids, and anger has been on the rise over reports of abuse of migrants by their Malaysianemployers. In June, Jakarta stopped sending maids to Malaysia temporarily until the twocountries agreed on new measures to provide better protection to the workers.

 The latest controversy is not the first time that Indonesians have been up in arms over theperceived theft of their cultural icons. A similar spat erupted two years ago over the use of 

the Indonesian folk song “Rasa Sayange” in another Malaysian tourism advertisement.Malaysia has apologized for the use of the Balinese Pendet dance, claiming that the mistake  was made by a production house paid by Malaysia's Tourism Ministry to produce thecommercial, which has since been withdrawn. 

 These kinds of dispute bring both countries into high-tense relationship, hence, since bothcountries are the member of ASEAN, the organization should find a way in how to preventthis kinds of problem.

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B.4. Questions A Resolution Must Answer (QARMA)

Realizing that culture is one of the most important instrument in regional organization, TDB will find a resolution about how to use culture to make a solid regional organization, andin other hand also promote culture. The resolution should answer these following questions:

1.  How can the nations enhance the cooperation in culture among the member of regional organization? How can nations utilize culture to tighten the bond of themember of regional organization instead of causing a dispute?

2.  How can the regional organization accommodate the different culture of eachcountry member towards the union of the organization? What spesific measuresshould be taken by the regional organization in order to promote culture in its

region?3.  How can the regional organization prevent the possible cultural dispute of its country member? How can the regional organization react if there’s any cultural disputebetween its counties member?

 Table Discussion C:

Education As A Foundation of Multicultural Communication

C.1. Background

C.1.1. Education in A Globalization Era

From centuries to centuries, education have always been an important issue for many sectors. A good education promised a career advancement, self acknowledgment, higher pay,etc. As for globalization, education take a very central position as main foundation tocompete with other nations. In the Global community, the communication is very intensebetween nations to nations or even from person to person. The diversity of culture betweennations could caused a gap in the communication, hence understanding and high solidarity isneeded to reach an effective communication. The disparate education level of countries isstill clearly seen, this should be realized by the global community as a global problem and the

young generation as the future leaders should take this challenge to make a better educationto reach the harmonization of globalization.

C.1.2. Multicultural Communication

Researchers and educators can use communication theories to understand and improvemulticultural communication. Most theories look at communication as a process, and inrecent decades this view has become its own field of research in a variety of disciplines.

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 When analyzing communication, philosophers also consider its necessity in the situation, itslocalization, and the activity through which the communication occurs. These factors

influence the intensity of the communication and focus particularly on the peculiarities of emotional responses between the participants as well as the respective degrees of satisfactionregarding the communication. From a philosophical perspective, the primary aims of communication are to promote one’s self or to develop a sense of identity. However, theother participant must be satisfied through the communication as well.

Based on these models, the complexities of multicultural communication become obvious. If the majority culture uses communication to promote the political or sociological agendas of that group, the outcome may result in conflict for the minority groups, particularly if they areapproaching the communicative process as a means to develop self-identity 

  The need for effective multicultural communication is becoming more prevalent in the  world as countries do more business globally and borders disappear. To be effective inmulticultural communication we must anticipate audience expectations, which can be knownonly through the study of the culture. While establishing relationships with people is themost effective way to accomplish this task, people often do not have this opportunity. Whencommunicating with someone from a different culture, we must know some basic concepts.

In observing other cultures, the differences are striking: the way people greet each other,dress, negotiate and resolve conflict, and even the way visual information is seen andperceived. Other differences are topics of conversation. Even if we do not have the

opportunity to study other cultures in depth, some of the most important concepts to know are the differences between high- and low-context cultures, collectivism and individualism,reserved and expressive cultures, what topics are appropriate for discussion, and how handor facial gestures might be interpreted.

It is very important to study nonverbal language before speaking with people from adifferent culture. More expressive cultures tend to have more direct, intense eye contact thanreserved cultures. Even to walk side by side talking and walking at the same time would be“impersonal and cold”. In East and Southwest Asia, however, people feel uncomfortable

  with too much eye contact. Latins seem to wear their hearts on their sleeves. They trustpeople who show their feelings openly and distrust those who mask their emotions. Incontrast, the taciturn Japanese and Germans may regard such displays as childish andimmature. People in North America maintain moderate eye contact; however, most North

 Americans would not be comfortable with a person who would not look them in the eye. They would see this as a sign of dishonesty.

Because we are becoming a more globalized world and our borders continue to disappear ascompanies merge with overseas companies, marketing promotion slogans are translated into

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Rea

ASIAN LAW STUDENTS’ ASSOCIA 

many languages, and new techare becoming increasingly pop

correspondence with peopleaccommodated. Communicatiproblem to be overcome, andthe most appropriate ways to c

C.2. The Role of InternaCommunication

C.2.1. UNESCO

 The United Nations Educ

Organization ( UNESCO; isNations established on 16 Noto contribute to peace and scollaboration through educatiofurther universal respect forhuman rights along with fundaUN Charter. UNESCO has

 Associate Members. The organ50 field offices and many spethe field offices are "cluster" o

and regional offices.

C.2.2. SEAMEO

Southeast Asian Ministers of another international organizconcerned in Education. Thcovered the Southeast AsiaNovember 1965 as a chartpurpose is to promote cooperthe Southeast Asian region.understanding and cooperatioand achieve a better quality of l

•  the establishment of net•  the provision of an intel•  the promotion of sustai

hing out the Harmony of Globalization through CUnderstanding and Global Lawmaking

TION  LIVE,LEARN,AND LE LIVE,LEARN,AND LE LIVE,LEARN,AND LE   LIVE,LEARN,AND LE

ology becomes more prevalent. Student exclar. If people travel to another country or e

from other cultures, audience preferg effectively with people from other cultureit should not be perceived as such. It will tammunicate, but it is a standard that must be

tional Organization in Education and

tional, Scientific and Cultural

a specialized agency of the Unitedember 1945. Its stated purpose iscurity by promoting internationaln, science, and culture in order tojustice, the rule of law, and themental freedoms proclaimed in the

193 Member States and sevenization is based in Paris, with overialized institutes and centres throughout thefices covering three or more countries; there

Education Organization (SEAMEO) istion (regional organization it is) that

scope of SEAMEO of course only . SEAMEO was established on 30red international organisation whosetion in education, science and culture inIts mission is to enhance regionaland unity of purpose among SEAMEO M

ife through:

 works and partnershipslectual forum for policy makers and expertsable human resource development 

oss Cultural

D WITH CULTURED WITH CULTURED WITH CULTURED WITH CULTURE

hange programsen have written

nces must beis not simply a

e effort to learnachieved

Multicultural

 world. Most of are also national

mber Countries

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In order to achieve its goals, SEAMEO has done some projects and events, it’s alsocooperate with other organization such as UNESCO and some countries outside the

Southeast Asian countries. The most recent collaboration is with The Republic of Korea,this project aims to promoting cultural understanding and exchange through folktales.

 Valuing folktales as a tool for improving the quality of primary education, especially literacy skills, life skills and cultural understanding of students, the Southeast Asian Ministers of Education Organization in collaboration with the Asia Pacific Centre of Education forInternational Understanding (APCEIU) organized the SEAMEO-APCEIU RegionalMeeting on the Use of Asian Folktales in Classrooms on 10-11 August 2010 in Bangkok,

 Thailand.

C.3. Current Situation

C.3.1. Education As A National Affairs

  The basis of education of course depends on each country. In developing countries, thenumber and seriousness of the problems faced are naturally greater. People in more remoteor agrarian areas are sometimes unaware of the importance of education. However, many countries have an active Ministry of Education, and in many subjects, such as foreignlanguage learning, the degree of education is actually much higher than in industrializedcountries; for example, it is not at all uncommon for students in many developing countriesto be reasonably fluent in multiple foreign languages, whereas this is much more of a rarity in the supposedly "more educated" countries where much of the population is in fact

monolingual.

But without capacity, there is no development. A study conducted by the UNESCOInternational Institute for Educational Planning indicates that stronger capacities ineducational planning and management may have an important spill-over effect on the systemas a whole. Sustainable capacity development requires complex interventions at theinstitutional, organizational and individual levels that could be based on some foundationalprinciples:

•  national leadership and ownership should be the touchstone of any intervention;•  strategies must be context relevant and context specific;•  they should embrace an integrated set of complementary interventions, though

implementation may need to proceed in steps;•  partners should commit to a long-term investment in capacity development, while

 working towards some short-term achievements;•  outside intervention should be conditional on an impact assessment of national

capacities at various levels.

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 A lack of good universities, and a low acceptance rate for good universities, is evident incountries with a high population density. In some countries, there are uniform, over

structured, inflexible centralized programs from a central agency that regulates all aspects of education.

•  Due to globalization, increased pressure on students in curricular activities•  Removal of a certain percentage of students for improvisation of academics (usually 

practised in schools, after 10th grade)

 The problems of education commonly relate to funding, teacher quality and the status of theteaching profession, student academic performance and standardized testing, racialimbalances and equal educational opportunity, and the curriculum in relation to labor force

needs and global competition. New problems, such as teacher shortages, overcrowded andunsafe schools, and unequal access to educational technology join other perennial issues ineducation such as gender bias and the bilingual education debate. The educational system asa social institution and individuals’ educational experiences and levels of attainment are key factors in addressing other social problems.

C.4. Questions A Resolution Must Answer (QARMA)

  We are now living in a borderless world, therefore we must be ready for a multiculturalcommunication that has been more intense past years. How to make education as afoundation of this communication is very important. TD C will seek the way to tackle this

problem and make a resolution that should be answer these following questions:

1.  How can each country enhance its education level in a globalization era? How cancountries cooperate with the international organization to tackle the multiculturalcommunication issue?

2.   What spesific measures should be taken by the international organization to solve thisproblem? How can the resolution by the international organization implementedevenly?

3.  How to tackle the multicultural communication problem? Such as the different ethnicand cultural backgrounds. How to make people still develop and respect their ownidentity while trying to make a multicultural communication?

Sources:http://www.unesco.org/ http://www.en.wikipedia.org http://www.cic.nyu.edu http://www.google.com http://www.itu.org 

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 Academic Visits Academic Visits Academic Visits Academic Visits

In other ALSA International events, usually, there will be a visit to courts and or law 

firms’ aims at letting students learn more about different legal systems and working 

conditions of lawyers of each country. On our upcoming ALSA Indonesia Study Trip

2010, the academic trips will be different yet interesting to join. Here are the visits:

1.   Traditional Living Law: Law Lives in Harmony

Introduction of Pecalang and how it works in Balinese living laws and customs

 Venue: Deputy of Cultural Bali

 Activities: Lectures and explanation about Pecalang (Balinese traditional police and

public security) and Prajuru in Bali, interact with Pecalang and other culture of Bali.

2.  Diplomatic Discussions

Building Diplomacy with Culture

Prospective trip: Foreign Consulate in Bali

Prospective activities: Consulate visit and discussions and watch cultural performance

and attraction

Cultural TripCultural TripCultural TripCultural Trips ss s

In cultural trip, delegates will visit some famous places of interest of Bali and

experience its exquisite traditional culture. Here are some places of interest on the trip:

1.  Garuda Wisnu Kencana 

Designed and built by Nyoman Nuarta, one of Indonesia’s

foremost modern sculptor, the Garuda Wisnu Kencana statue or

GWK and its pedestal building will be standing 150 meters tall with

its wings span 64 meters across. Made from more than 4000 tons of 

copper and brass, the statue is picturing Lord Wisnu, as the source

of wisdom, riding on the back of the mythical bird Garuda as the

manifestation of conscience toward Amerta, the perennial goodness.

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 The statue and its pedestal will be surrounded by more

than 240 hectares cultural park which was once an

abandoned and unproductive limestone quarry. The cultural

park will provide attractions for both local and foreign

  visitors with supporting facilities such as Lotus Pond,

Festival Park, Amphitheater, Street Theater, Exhibition

Hall, as well as Jendela Bali the Panoramic Resto and

souvenir shop. At present time, the statue of Wisnu, the statue of Garuda, and the hands of 

 Wisnu have been placed temporarily in three different plazas within the park. GWK Cultural

Park is intended to educate, especially the young generations about the importance of 

preserving and cultivating world’s cultural heritage.

2.  Dreamland Beach

 This beach is an alternative beach in Bali besidesSanur Kuta and Nusa Dua which is quiet yetextremely beautiful. This beach has white shore with

  very beautiful cliff around it. This make Dreamlandbeach different from other Beach in Bali. For tourist

  who loves Surfing also able to test their skill herebecause this beach also has good waves, maybe asgood as Uluwatu waves and even better than the

 waves in Kuta. Dreamland Beach located about one

hour from Denpasar, located in Jimbaran, Bukit area.

3.  Ulu Watu

Pura Luhur Uluwatu is one of Bali’s kayangan jagat  (directional temples) and guards Bali from evil spirits from

the SW, in which dwell major deities, in Uluwatu’s case;Bhatara Rudra, God of the elements and of cosmic forcemajeures. Bali’s most spectacular temples located high on acliff top at the edge of a plateau 250 feet above the wavesof the Indian Ocean. Uluwatu lies at the southern tip of Bali in Badung Regency.

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  Yet in 16th century, it was rebuilt by a reformerpriest, Pedanda Wawu Rauh. After experiencing some

renovations in 1949 and 1980, the temple shows off the old and new structural combination. Besides thetemple, Uluwatu is now becoming famous among thesurfing experts that dare to challenge the surf break.On this trip, delegates will be given opportunity to

  watch an exquisite and exotic live performance of Kecak Legong Fire Dance.

Social Events

 Welcoming Party

 Welcoming party with the theme “Balinese Luau Party” will introduce you to the beach inBali. In this welcoming party the dresscode is casual beach attire. The cozy ambience giveyou chances to know other delegates and share some stories.

Cultural Night

In this very exquisite and fun cultural night of ALSA,delegates will dress up in their traditional costume andhave to perform any cultural performance to show thedelegates from other countries your culture.

Farewell Party

Finally the Study trip has to end, and for this farewell party the theme is “Mardi Gras Mask Party” so the delegates should wear a mask and the dresscode is formal suit for men anddress for the women. In the farewell party, each delegation will have to perform a

performance, remember it has to be an unforgettable one! Don’t forget to bring souvenirs toexchange with your fellow delegates.

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ScheduleScheduleScheduleSchedule

Saturday, November 6th, 2010

12.00 - 19.00 Delegate’s arrival, registration and check in

19.00 - 22.00 Welcoming dinner: Balinese Luau Party 

Sunday, November 7th, 2010

07.00 - 08.30 Breakfast

08.30 - 09.15 Opening Ceremony 

09.15 - 11.30 Symposium 1

11.30 - 12.30 Lunch Break 

12.30 - 15.00 Symposium 215.00 - 15.15 Coffee breaks

15.15 - 17.30 Table Discussion

18.00 - 19.00 Dinner

19.00 - 21.00 Table Discussion

Monday, November 8th, 2010

07.00 - 08.30 Breakfast

08.30 - 10.00 Table Discussion

10.00 - 12.00 Table Rotation

12.00 - 12.30 Lunch break 12.30 - 14.00 Visit to Pemda Bali: Introduction of Pecalang 

14.00 - 16.00 Visit to Consulate of Brazil: Diplomatic Discussion

16.00 - 19.00 Back to hotel, dinner

19.00 - late Cultural Night

 Tuesday, November 9th, 2010

07.00 - 08.00 Breakfast

08.00 - 11.00 City tour to Garuda Wisnu Kencana

11.00 - 12.30 Lunch and Journey 

12.30 - 14.30 City tour to Dreamland Beach

14.30 - 15.30 Journey 

15.30 - 18.30 Ulu Watu Temple seeing Kecak Legong Fire Dance

20.00 - 22.30 Farewell Party: Mardi Grass Mask Party  

 Wednesday, July 14th

09.00 - 12.00 Delegate’s check out 

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 The Organizing Committee The Organizing Committee The Organizing Committee The Organizing Committee

Project Officer

Keshia Sifra

Co-Convener I

Academic and

Delegate

Relations

Devyta Wijaya

Head of Table

Discussions

Co-Convener II

Non Academic

and TechnicalRizky Aliansyah

Co-Convener III

Transportation

and TripsMario Mandang

Co-Convener IV

Caretaker and

WelfareMunawar

Caretakers

Co-Convener V

Administration,

Acommodationand Publication

Cindy Nur Fitri