A master degree is no longer an option

Bachelor degrees are now four years. Five years was previously the stand-

ard. This is just one reason why it is increasingly necessary to be the holder

of postgraduate training; there are many more. A master degree demon-

strates the capacity to develop a sustained and complex argument, good

legal reasoning skills, and the ability to conduct research independently. It

also provides specialization in one area of the law. More importantly, a

master degree is an initiation into legal research: it upgrades and trans-

forms a student into a researcher. In an environment where laws are chang-

ing faster than ever, it is necessary to be able to think about the law in a

critical way and to deal with large amounts of information. In the current

academic and professional environment there is a very strong demand for

quality lawyers and researchers. A master degree is a necessary step to a

successful career: it is no longer an option for any ambitious young lawyer.

In this issue

Master degree: not an option p.1 xxxxx p.2 xxxxx p.3

xxxxxx p.4

RECENT PUBLICATIONS

Prof. Jorge Godinho has pub-

lished an edited volume, Studies

on Macau civil, commercial,

constitutional and criminal law,

on LexisNexis, Hong Kong, in

late 2010.

GAMING LAW

.

International Business Law The newsletter of the International Business Law master program, Faculty of Law, University of Macau ISSUE 01 MAY 2011 — WWW.UMAC.MO/FLL/IBL (General editor: Prof. Jorge Godinho)

My IBL program experience, by Lin Min

Every time I was asked about life in Macau,

questions mostly concerned the prosperous

gaming industry. While Macau has been called a

city of dreams for some players, I say that it is

also an irreplaceable place for students to real-

ize their dreams. In the IBL program at the UM

any student with clear goals, in academics in

practice, will be fully supported to pursue them.

In year one we took 10 courses lectured by

scholars, government officials and legal practi-

tioners. The unique financial environment of

Macau distinguishes the courses provided in

our program, especially Anti-Money Laundering

Law and Gaming Law, which may not be offered

in universities in most regions. In these courses,

we are given plenty of opportunities to share

ideas with top scholars and to get valuable sug-

gestions from them. Moreover, we went with

our coordinator Prof. Jorge Godinho to trade

exhibitions to closely view how business is con-

ducted; we also visited the Financial Intelli-

gence Office to communicate with the officers

in person. This flexible teaching method en-

sures that our learning from classes will be

effectively compatible with the practice in reali-

ty. Furthermore, and unlike most master pro-

grams in Mainland China, here we do not need

to decide our specialized majors upfront; in-

stead we have a whole year to freely communi-

cate with professors, explore possible interests;

and then make a decision on the major and the

choice of supervisor by ourselves. As a matter

of fact, the topic of my thesis was originally

inspired by a casual conversation concerning

the General Motors Corporation bankruptcy

case with Prof. Rostam Neuwirth at the library

cafe. At the thesis stage, we mainly contribute

to our own research in a stimulating environ-

ment. It is the intellectual guidance from my

supervisor and the efficient help of the library

staff that guaranteed me a hospitable surround-

ing for conducting the research. During our

studies here, besides these generous scholar-

ships provided by the Faculty, professors also

offer a great deal of research assistant positions

which allow us accumulate valuable research

experiences and at the same time relieve our

financial pressures to some extent.

With all these facilitations, the fruits of my

years in Macau include a journal article, a con-

ference paper, a national report co-authored

with my supervisor Prof. Neuwirth and a pub-

lished translation article for him, an excellent-

level master thesis and an ongoing article.

Meanwhile, I have worked as a graduate assis-

tant for the Faculty of Law for two years, par-

ticipated two research projects and had a short

experience of being an independent consultant

for a local law firm. Writing

down this list makes me real-

ize how lucky I am to have

experienced and gained so

much from this program.

The special location and the

colonial history have shaped

students in Macau like me

with a special perspective to

both China and the European

countries. With the intensifi-

cation of trade and economic

interdependence between the

EU and China there is growing demand for legal

experts familiar with Chinese and EU law and

proficient in Chinese and English. The mastery

of languages and the professional training are

the most valuable assets of IBL graduates.

For me, studying in IBL was a life-change expe-

rience. This experience in Macau helped me to

know that an academic career is the prime

objective for my professional future and also

prepared me for pursuing it. It opened my eyes

to the world and stimulates my fascination

with European culture and law. One visible

outcome of this experience is that I will go

further my study in the European Commis-

sion’s Erasmus Mundus Programme in Law and

Economics in this October. This is definitely a

dream come true!

Time in Macau flies; I will leave soon. I am sure

that I will miss the simple and productive life

here. It is impossible for me to forget the

amazing performances shown in the Cultural

Centre of Macau, especially during the Film

Festival in April, the Arts Festival in May and

the Music Festival in October. Equally, I will

also miss the BBQs at the Hac Sa Beach, the

egg tarts and coffee in our library cafe and

other delicious foods and drinks here. Howev-

er, the dear professors, colleagues and friends

that I had known in past years and the time

spent with them would be the things I will miss

most. All these memories have become a part

of me and will company with me forever. (May

2011)

Lin Min’s D-day From left: Prof. Fan Jianhong

(UM), Dr. Liu (assistant to

Prof. Tamura), Prof. Tamura

(Hokkaido University, Japan),

Lin Min, Prof. Rostam Neu-

wirth and Prof. Jorge Godinho

Lin Min was admitted to the IBL

program in September 2008 and

defended in April 2011 a thesis

on Modernizing the Laws for the

Collateralization of Intellectual

Property: China in a World Per-

spective, supervised by Prof. Ros-

tam Neuwirth. The thesis was

publicly defended before a panel

made of three professors, as is

standard procedure in the IBL

program. Lin Min’s panel was

presided by full Professor Fan

Jianhong (UM). The external

main commentator was Prof.

Yoshiyuki Tamura (Hokkaido Uni-

versity, Japan) and, of course,

the thesis supervisor, Professor

Rostam Neuwirth in this case,

completed the panel.

The IBL program experience: Li Xiaoyue

While the language of the In-

ternational Business Law pro-

gram is English, international

students will always feel at

home. That is because the pro-

fessors of the program speak

many languages including, be-

sides English, the following:

Mandarin, Cantonese, Portu-

guese, Spanish, French, Ger-

man, Italian, Dutch and vari-

ous languages of the Indian

subcontinent.

Q: What are the most interesting aspects of the

IBL program?

Li Xiaoyue: The IBL program is interesting and

carefully designed. Being in English, it can pro-

vide students a perspective of the whole world.

Globalization is an irresistible trend. Legal con-

flicts and business disputes across the world are

inevitable. As a lawyer-to-

be, the participants can

benefit from abundant legal

knowledge. The Macau SAR

is a bridge connecting the

Oriental and Western cul-

tures. As a result, excellent

professors with various

backgrounds converge here,

supplying legal education

covering different legal un-

derstandings and teaching

styles. The rich academic

resources are really a great

treasure bank of legal

knowledge. The professors are all very warm-

hearted and friendly, and students who want

good instruction should not miss this chance.

Q: How different is it from your previous 4 year

law degree?

Li Xiaoyue: It is quite different from my previous

education in Mainland China, where the pur-

pose is to provide basic legal knowledge and

preparation. The IBL program is at the master

level, so it aims to provide a more developed

ability of processing legal research and a good

mastery of legal understanding concentrating in

one field. Besides, the professors of IBL pro-

gram teach in a different way, that is, the acqui-

sition of knowledge is flexible by virtue of vari-

ous reading materials. Consequently, the stu-

dents can accept different viewpoints, which

can largely encourage students to “brainstorm”

different thinking patterns. The IBL program is

not restricted to the Mainland and civil law

legal systems. Macau law and the laws of other

jurisdictions involved are of high value for stu-

dents who aim to be elites throughout

the world.

Q: What challenges did you have in the first

year?

Li Xiaoyue: The first year can be a challenge.

The program is in English and it may be hard for

students to master language skills and

knowledge at the same

time, especially for those

who are not native

speakers. But after a

initial period students

get adapted to the

course being offered in

English. The thesis

writing is carried out

under close supervision

and students have to

offer their own ideas,

attempt new develop-

ments and not repeat

previous knowledge. This tries to make stu-

dents become true researchers and it may be

tricky to get used to such a sudden change from

other education style.

Q: What do you think of life in Macau?

Li Xiaoyue: Macao is a colorful place where you

can experience pure traditional Chinese culture

and also visit historic spots in traditional west-

ern style. Macao is famous for the gambling

industry, which is its main economic pillar. A

variety of casinos bring Macao’s economy, soci-

ety and welfare into blossom, which is quite

different from other economies. Of course, this

is extremely attractive and tens of thousands of

visitors from all over the world go to Macao just

for a glance at its fantastic charm. Life in Macao

can never ever be boring, for it provides an

abundance of interesting things. It’s really indel-

ible in the memory of the students who spend

the life here and Macao is really the second to

none.

We asked Li Xiaoyue (IBL year 2 researcher) what he thinks

about the IBL program and why he believes it is worth it

A MULTILINGUAL AND

MULTICULTURAL ACADEM-

IC ENVIRONMENT

Research facilities Q: What research tools are

available at the University

of Macau?

The library of the University of

Macau offers excellent condi-

tions for research, besides be-

ing a very good building, al-

ways popular with students.

The electronic resources avail-

able include access to all major

international legal databases of

legislation, case law and aca-

demic works. There are com-

prehensive collections of legal

monographs and periodicals.

Both are expanding rapidly

and are very up-to-date, as a

result of strong investment by

the University and the con-

stant follow-up of the profes-

sors.

The study of gaming law and regulation in Macau

Macau has had legalized gaming continuous-

ly since 1849, and the gaming industry has

been a major source of revenue since then.

However, the academic study of gaming law

only started recently. The pioneer has been

the Faculty of Business Administration of the

UM, where a one semester course has been

offered since the academic year 2004/2005.

In the Faculty of Law, gaming law is only

discussed in the IBL master program, in an

optional course conducted jointly by Profes-

sor I. Nelson Rose and Professor Jorge Godi-

nho. Various master theses have been com-

pleted and defended.

Professor I. Nelson Rose is recognized as one

of the world's leading authorities on gam-

bling law. He is an internationally known

scholar, with more than 1,500 published

works, and public speaker, often the keynote

speaker on gambling issues. A 1979 gradu-

ate of Harvard Law School, he is a Distin-

guished Senior Professor at Whittier Law

School in Costa Mesa, California, where he

taught one of the first law school classes on

gaming law.

Professor Rose is best known for his interna-

tionally syndicated column, "Gambling and

the Law®." Recent books include a collec-

tion of columns and analysis, co-authored

with Bob Loeb, on Blackjack and the Law,

and the first casebook on the law of legal

gambling: Gaming Law: Cases and Materi-

als (LexisNexis/Matthew Bender 2003), co-

authored with Professors Robert Jarvis,

Shannon Bybee, J. Wesley Cochran and

Ronald Rychlak. Professor Rose's latest book

is Internet Gaming Law. The se-

cond edition, greatly expanded and revised,

was published in 2009.

The study of gaming law is uniquely interdis-

ciplinary, with the added challenge of con-

stant new developments. Macau is the

world’s largest gaming jurisdiction and clear-

ly one of the best places to conduct research

on gaming law, under excellent supervision.

Publications by Prof. J. Godinho in the field of gaming law

The Macau gaming industry

between ancient and new

The Macau gaming industry evolved

considerably since the end of the

monopoly concessions era in 2001. It

now has 3 concession, 3 subconces-

sions and roughly 180 gaming pro-

moters. The industry comprises 34

casinos, around 5000 tables, and

over 20 casino games are played.

The most popular game is Baccarat

but the oldest one — Fantan — is

still going strong.

THE GAMING LAW COURSE

The gaming law course is usually

held between late May and early

June. This coincides with the Global

Gaming Exhibition Asia annual trade

show, known to everyone as G2E

Asia, which is the largest in Asia.

Every year both professors take the

participants in the master program

to a free guided visit of the trade

show. This is a good opportunity to

see the industry in action and under-

stand the market forces driving it as

well as other connected services and

products that feed it. Not to be

missed!..

‘Should Credit Agreements Between Casinos and Patrons Be Subject to Prior Govern-ment Approval? A Note on Wynn Resorts (Macau) S.A. v. Mong Henry’, in Gaming Law Review and Economics, 2010, 14(7), 541 ff.

Menores em casinos: é necessário alterar a lei?' [Underage gambling in Macau: is it necessary to modify the law?], in Boletim da Faculdade de Direito da Uni-versidade de Macau (forthcoming; available at SSRN: http://ssrn.com/abstract=1347245) and in Revista de Direito Público, ano II, no. 4, Jul-Dez 2010, 127 ff.

'Financial strategies of crime control in the Macau SAR’, in Jorge Godinho (ed.), Stud-ies on Macau civil, commercial, constitutional and criminal law, LexisNexis, Hong Kong, 2010, 249 ff.

‘The Regulation of gaming and betting contracts in the 1999 Macau Civil Code’, in Gaming Law Review and Economics, 2007, 11(3), 572 ff.

‘Credit for gaming in Macau’, in Gaming Law Review and Economics, 2006, 10(4), 363 ff.

More than a simple academic program, by Almeida Machava

I had the honor to be part of the

very first intake of the IBL program.

To come here and be part of the IBL

group was a challenging experience.

Language for example: I am from

Mozambique, a Portuguese speak-

ing country, and not a native Eng-

lish speaker. However, the excellent

academic environment at the UM

and a constant concern from the

program’s coordinators allowed for

easy integration. In a few weeks

language was no longer an issue.

A select group of brilliant scholars

and professionals that lectured the

10 courses during the first year

made the UM’s IBL unique. Usually

people say ‘Macau, the place where

East meets West’. After my experi-

ence here I would rather say

‘Macau, the place where the East

meets the world’, since the way the

program is designed creates condi-

tions to interact with people from

all over the world and to exchange

valuable experience, a true example

of a globalized world.

Macau is a fascinating place but if

we are not prepared we can easily

be diverted from our objectives.

Commitment, dedication and disci-

pline is needed: when we have a

goal to achieve we have to concen-

trate on it, define priorities, and

give up certain activities for the

benefit of our goal. The inestimable

advice of my supervisor, Prof. Wei

Dan, and from the coordinator,

Prof. Jorge Godinho, and the expe-

rience learned from scholars and

professionals I had the opportunity

to interact with during the IBL ses-

sions, and to whom I will be always

grateful, allowed me to conclude

the IBL program within two years,

as designed. Today I am proud to

hold a master in IBL by the Faculty

of Law of the University of Macau.

In addition to a master degree this

program gave me an opportunity to

build true relations of fraternity:

here I found a new family far from

my motherland. The IBL is more

than an academic program. It is re-

warding when, after more than

three years, I realize that the links I

built with Professors and colleagues

during the program are still alive;

we may be not in the same place

but the complicity remains. To be

part of the IBL program was a life-

time experience not to be forgotten.

Today I am a PhD candidate at the

UM and I am glad that the IBL pro-

gram created the conditions for this.

In fact, my PhD thesis topic is a re-

sult of one of many and always in-

spiring conversations with Prof. Wei

Dan. It is significant that she never

broke the link established during

the IBL program; today she is my

supervisor for the PhD program.

After an amazing experience in this

program, in Mozambican dialect I

say: KANIMAMBO (thank you) IBL!

(May 2011)

Almeida Machava’s

fact sheet

Almeida Machava was one of

four candidates from Mozam-

bique admitted to the first intake

of the IBL program in September

2006.

He defended in July 2008 a thesis

on Free Trade and Regional Inte-

gration in a Globalized World:

The case of Southern Africa De-

velopment Community and its

Impact in Mozambique, super-

vised by Prof. Wei Dan. The the-

sis was publicly defended before

a panel made of three profes-

sors, as is standard procedure in

the IBL program. Almeida

Machava’s panel was presided by

full Professor Zeng Lingliang (the

then Dean of the Faculty of Law).

The external main commentator

was Prof. Zhang Ying (Shenzen

University) and, of course, the

thesis supervisor, Professor Wei

Dan in this case, completed the

panel.

Theses discussions held this academic year

Extracurricular activities: rare, but they happen!..

The first three theses in the field of gaming law were

defended in February 2009, by Zhao Xiao (left), Legal

Issues on Lotteries; Zhao Fei (center), A Legal Study of

Casino Credit; and Lu Dongjuan (right), Legal Issues of

Pathological Gambling. All were supervised by Prof.

Jorge Godinho and had Prof. I. Nelson Rose as main

commentator. Zhao Xiao returned to Mainland China,

Zhao Fei stayed and works in Macau in a large law

firm and Lu Dongjuan is a PhD candidate in the Facul-

ty of Law, University of Macau.

The first gaming law generation

Sometimes fresh air is needed. There is plenty of it in the beautiful Coloane island trail (left). Plus squirrels, lizards, butterflies, good views and the occasional snake.

Trade shows are important. Two are part of the annual routine: the Macau International Fair and the G2E Asia gaming exhibition.

Candidate Intake Supervisor Title Main commentator Date

Chen Zhijie 08/09 Prof. Rostam

Neuwirth A Strategy for the Development of Chi-

na's Cultural Industry: A Legal View

Prof. Peter K. Yu, Drake University Law School

10/01/2011

Yu Jiafeng 07/08 Prof. Tu

Guangjian A Study on Economic Hardship

Prof. Michael Tilbury, The University of Hong Kong

12/02/2011

Ke Jiejing 08/09 Prof. Wei Dan

Analysis of Chinese Bilateral Investment Treaties: Focusing on Provisions of Per-formance Requirements and National Treatment

Prof. Zeng Lingliang, Wuhan University

14/04/2011

Lin Min 08/09 Prof. Rostam

Neuwirth

Modernizing the Laws for the Collaterali-zation of Intellectual Property: China in a

World Perspective

Prof. Yoshiyuki Tamu-ra, University of Hok-kaido, Japan

26/04/2011

Zhuo Jing 08/09 Prof. Rostam

Neuwirth

Intangible Cultural Heritage in the Peo-ple's Republic of China: The Example of

the Miao Nationality

Prof. Surya Deva, City University of Hong Kong

07/05/2011

Europe day

The Europe Day reception

The relations between China and the European Union are quite intense

and given the history of Macau it is not surprising to see that Europe Day

is annually celebrated. Various events take place. This year the partici-

pants of the discipline of European Union Trade Law, which come from

both English language master programs, were invited by Prof. Rostam

Neuwirth to attend the official reception in Macau, organized by the

head of the Office of the European Union to Hong Kong and Macau, Ma-

ria Castillo Fernandez. The Secretary for Justice and Administration of

the Government of Macau, Florinda Chan, represented the Macau SAR.

Europe Day 2011

Picture day!...

In April of every year all pro-

fessors and students perform

an old ritual in the University

of Macau: they get together to

take ‘official’ pictures. Here

are Prof. Jorge Godinho (left)

and Prof. Rostam Neuwirth

(right) posing with four par-

ticipants of the International

Business Law program in

April 2011. Note that this is

not an ‘official’ picture but

just an informal or casual

side shot…

International Busi-

ness Law newsletter

Issue 1, May 2011

Obviously. Attending the program requires physical presence in Macau for the dura-

tion of the teaching periods; sessions take place at night, starting at 19:00. Some

sessions are held on Saturday mornings. This is an exciting time to be in Macau, a

booming economy with many new opportunities.

FAQ: Do I have to be in Macau?

No. Candidates who hold a non-law degree may be admitted to the postgraduate pro-

gram. Quite a few have been. Studying a lot of legal subjects can be challenging!..

FAQ: is the IBL program only open for lawyers?

Academic details are in the program site (www.umac.mo/fll/ibl); the application proce-

dure and formalities are in the UM’s Registry site (www.umac.mo/reg/). Read both!..

FAQ: Where is the information on how to apply to the IBL program?

A perfect meeting place of East and West

International Business Law master program

Faculty of Law, University of Macau

Coordinator: Prof. Jorge Godinho (jgodinho@umac.mo)

Write to Winnie Tam for details about the IBL program or to re-

ceive this newsletter regularly (winitam@umac.mo)

Or call Winnie at (+853) 839 747 77

WWW.UMAC.MO/FLL/IBL