The Dean Rusk International Law Center Visiting Researcher for 2023-2024, Mine Turhan, Assistant Professor of Administrative Law in the Faculty of Law at the Izmir University of Economics in Türkiye, recently concluded her research year at the University of Georgia School of Law under the supervision of Georgia Athletic Association Professor in Law David E. Shipley. Below are some of Turhan’s reflections on her research findings regarding administrative procedure and procedural fairnessat Georgia Law.
I was a visiting researcher at the University of Georgia School of Law and the Dean Rusk International Law Center for my post-doc research during 2023-2024 academic year.
My research was related to administrative procedure and procedural fairness. The concept of administrative procedure serves a dual purpose within a legal framework. Primarily, it defines and establishes the limits of the authority of administrative agencies by outlining the structured steps and processes they must follow. Simultaneously, administrative procedure prevents arbitrary actions of agencies by ensuring accurate decisions by the proper application of the law to the facts. This dual function promotes transparency, fairness, and accountability in the functions of administrative agencies.
My research focused on the right to be heard in administrative procedure, and administrative hearings during the process of individual measures which would adversely affect the person concerned. I looked specifically at American and European procedural rights in adjudicative proceedings, in particular the right to be heard before administrative agencies. I tried to answer how procedural rights were protected by different administrative procedures in the U.S. and European countries against arbitrary actions of administrative agencies. I also tried to understand the administrative hearing procedures and components of hearings in common law and civil law systems.
Administrative procedure acts have a significant role in protecting the procedural rights. Therefore, I focused on the administrative procedure acts of different countries to find an answer. The U.S. Administrative Procedure Act, dated 1946, was helpful for my research. I have analyzed the court precedents regarding the right to be heard and I also have observed administrative hearings in U.S. to better understand administrative hearing procedures in U.S.
Throughout my time at the Dean Rusk International Law Center, I have been impressed by the dedication of the faculty, scholars, and staff to fostering a dynamic learning environment. The guidance and mentorship I received from Professor David Shipley has been instrumental in shaping my research. His expertise and encouragement have inspired me to push the boundaries of my intellectual curiosity and pursue excellence in my studies. The resources available at the School of Law, including the extensive library collections and research databases, have greatly enriched my research endeavors.
As I reflect on my time at the Dean Rusk International Law Center, I am filled with appreciation for the enriching experiences and lasting connections forged during my research. The skills and insights gained through my research studies will undoubtedly serve me well in my future endeavors, both academically and professionally.
I extend my heartfelt thanks to everyone at the Dean Rusk International Law Center and the University of Georgia School of Law for their support and encouragement. I am proud to have been a part of such an vibrant academic community and look forward to carrying forward the relationships formed as I embark on the next chapter of my journey.
In the article, Quinn discusses the Center’s focus on providing Georgia Law students with opportunities to globalize their legal education. She highlights the Center’s student-facing programming, including Global Governance Summer School, Global Externships Overseas, the NATO Externship, and semester-long exchanges with institutional partner O.P. Jindal Global University’s Jindal Global Law School. Explaining how the Center encourages all J.D. students to consider participating in these programs, Quinn states:
“We underscore to our students just how globalized the practice of law is— even [students] aspiring to work domestically can benefit from taking an international law course or gaining work experience abroad.”
Quinn provides information about the Center’s initiatives for foreign-educated law students and professionals, ranging from the 10-month Master of Laws (LL.M.) degree to the Visiting Researcher initiative. She notes that the Center’s events throughout the academic year, including the annual Georgia Journal of International and Comparative Law conference, offer opportunities for participation, particularly from alumni/ae and from interested professionals.
The article can be accessed in its entirety here. Global Atlanta is one of the Center’s institutional partners.
Quinn was named the permanent director of the Dean Rusk International Law Center after leading the unit for seven months on an interim basis. Quinn, who joined the School of Law in 2019, previously served as the associate director for global practice preparation. She was instrumental in developing the school’s partnership with India’s Jindal Global University, establishing the Graduate Certificate in International Law and transitioning the Global Governance Summer School into a credit-bearing program. Prior to joining the law school, Quinn worked with the UGA Office of Global Engagement and the U.S. Peace Corps in addition to serving as a director for the American School Language Institute in Morocco. She earned her B.A., B.F.A. and M.I.P. from UGA and her ED.M. from Harvard University.
University of Georgia School of Law Visiting Researcher Mine Turhan took part in the Spring 2024 Faculty Colloquium Series last month. Her presentation, “Right to be Heard in Administrative Procedure,” was the third of six talks this semester.
Turhan’s project at Georgia Law focuses on procedural due process rights, in particular the right to be heard before administrative agencies. Her talk began by describing the fundamentals of this right, followed by her findings about this right in comparative law, specifically focusing on the U.S. and EU countries. The final third of Turhan’s presentation looked at the right to be heard in Turkish law.
In addition to Turhan, this semester’s colloquium series includes Anne Tucker, Alyse Bertenthal, Alex Klass, Rachel Barkow, and Libby Adler. The series provides a forum for provocative and innovative legal scholarship and gives our law faculty the opportunity to collaborate on current legal research, exchange ideas and foster relationships with other institutions. It is made possible through the Kirbo Trust Endowed Faculty Enhancement Fund and the Talmadge Law Faculty Fund.
Turhan’s research is supported by a fellowship from the Scientific and Technological Research Council of Türkiye (TÜBİTAK) within the scope of the International Postdoctoral Research Fellowship Program. She is sponsored as a Visiting Research Scholar by Georgia Law Professor David E. Shipley, the Georgia Athletic Association Professor in Law. Her visit continues our Center’s long tradition of hosting scholars and researchers whose work touches on issues of international, comparative, or transnational law. Details and an online application to become a visiting scholar here.
One of the Dean Rusk International Law Center’s Visiting Researchers for 2023, Daesun Kim, Esq., recently concluded his research year at the University of Georgia School of Law under the supervision of Associate Dean for Academic Affairs & J. Alton Hosch Professor of LawKent Barnett. Below are some of Kim’s reflections on his research findings regarding the impact of the Covid-19 pandemic on foreign investment projects in Vietnam and his overall experienceat Georgia Law.
As a Korean legal professional with a U.S. law license, providing legal services for cross-border transactions in Vietnam has exposed me to myriad challenges stemming from legal, cultural, and linguistic disparities. My research at the University of Georgia School of Law’s Dean Rusk International Law Center focused on a comparative legal analysis of the material adverse impact of the Covid-19 pandemic on foreign investment projects in Vietnam. Throughout various project milestones, such as providing legal due diligence reports, offering second-party legal opinions or lender’s legal opinions to enhance project credibility, negotiating contracts, addressing implementation stage issues, and handling disputes, clients, especially those from the U.S. and Korea, increasingly seek insights from a common law perspective. However, providing clear answers to their queries has proven challenging, leading to a collective impasse when practitioners convene and even causing a temporary standstill when representing clients in local courts or arbitration panels.
As expected, Vietnam, alongside other Southeast Asian nations, is witnessing a surge in investors seeking a new production base, mirroring the rise of a second China. Notably, the country has rapidly ascended as a crucial player in the global value chain, boasting well-established production infrastructure in sectors like electronics, automotive, batteries, and textiles.
Over the past 15 years, global enterprises from the United States, South Korea, Germany, Japan, Australia, Russia, and the United Kingdom have established a significant presence in Vietnam. The competition is particularly intense among nations like Korea, Japan, and Singapore, vying for the top spots in foreign direct investment. Cities like Ho Chi Minh and Hanoi host numerous Korean law firms and accounting firms handling the legal and tax aspects of business operations, reflecting the growing interest and investment in the region.
Recent analyses underscore the evolving opportunities and risks faced by Vietnam due to the rapid escalation of global tensions, the rollback of globalization, and shifts in the global value chain, all intricately connected. Investors are increasingly scrutinizing the status and evaluation of supply chains, encompassing not only their subsidiaries but also their suppliers, considering comprehensive assessments, including human rights and environmental considerations. Moreover, challenges in obtaining approval for international arbitration decisions from Vietnamese courts and the lack of clear legal grounds in judgment documents contribute to the complexities faced by international investors, emphasizing the need for thorough preparation within the local legal system.
Reflecting on my experience entering the Vietnamese legal landscape seven years ago to contribute to cross-border M&A deals, I vividly recall the unfamiliarity of concepts commonplace in legally advanced countries like the U.S., Korea, Singapore, or Hong Kong. Tasks involved explaining and bridging the gap in understanding with local counterparts and regulatory authorities, presenting both a formidable and rewarding aspect of the work. Issues such as (i) offshore loans using stand-by LCs issued by local banks as a security for foreign-owned companies with a 51% or more stake in Vietnam, (ii) the issuance of perpetual bonds by foreign-invested enterprises, (iii) the feasibility of establishing a security on the residual assets of the mortgagor, (iv) issuance of a business license for the E-wallet of a payment gateway company, (v) whether a local Vietnamese company can provide its listed shares as collateral for the repayment of mezzanine debts, such as convertible bonds, when issuing to foreign-based private equity funds, and so on presented novel challenges requiring creative problem-solving beyond conventional legal education.
In addition, navigating through intricacies like land-use rights instead of ownership, foreign ownership restrictions in certain business sectors, and unique political and legal constraints became part of the routine. For instance, (i) when a foreign-invested company in Vietnam receives an offshore loan from a foreign lender to cover operational expenses, addressing issues related to the establishment of land use rights as collateral on the commercial & residential building complex owned by the company for loan repayment, and (ii) in cases where Vietnamese securities laws impose foreign investment ownership percentage limits on public and private companies, determining whether the same constraints apply unconditionally when issuing preference shares or dividend preference shares during repayment.
As foreign lawyers practicing in Vietnam and other developing nations provide legal services for foreign investors, a dynamic daily routine must be anticipated. Challenges range from the use of Vietnamese as the primary legal language, reliance on local lawyers proficient in the language, to the heavy reliance on the skills of local attorneys in drafting contracts and legal documents in the local language.
Despite the inherent difficulties and challenges, Vietnam remains a nation full of promise. With an ever-changing legal landscape, an influx of substantial investments amounting to approximately 36.61 billion USD in 2023, and a population characterized by a significant youth demographic and high domestic purchasing power, Vietnam stands as a beacon of development. As I encounter and contribute to these advancements daily, I am determined not to lose sight of the pride associated with making small but meaningful contributions to Vietnam’s progress.
Having spent the past year as a visiting researcher at the Dean Rusk International Law Center, I have observed the legal dynamics of the world’s leading nation, the United States, and the pivotal role it plays in international law. The experience has further amplified the stark differences in language, nationality, culture, and legal knowledge encountered during my legal practice in Vietnam. Notably, the U.S. legal system’s meticulous handling of the Covid-19 pandemic through clear precedents and statutes provides a stark contrast to the legal landscape in Vietnam, instilling hope for a future where such advanced legal systems and accumulated experiences emerge in developing countries like Vietnam.
I express my deepest gratitude to all those who have facilitated my research period at the Dean Rusk International Law Center. I am sincerely thankful to every individual involved for their consideration in providing me the opportunity to conduct research at this prestigious hub of international law. During my brief stay, I have sensed the scholarly dedication, efforts, support, and contributions of the faculty, scholars, and staff here. Thanks to their collective endeavors, practitioners like myself can find solid academic foundations in international law, enabling us to deliver comprehensive legal services to our clients.
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Daesun Kim, Esq., was one of the four 2023-2024 Visiting Researchers at the Dean Rusk International Law Center. Kim is a foreign attorney practicing law in Vietnam who specializes in cross-border M&A, foreign investment, and public-private partnerships (PPP), with a focus on construction & real estate development projects and mezzanine project financing in Southeast Asian countries. He primarily represents Korean corporate clients and common-law jurisdiction clients (Singapore, Hong Kong, USA) investing inbound in Vietnam. He is a member of the International Construction & Energy Law Society, South Korea, and the Chartered Institute of Arbitrators. Previously, Kim worked at top-tier Korean firms such as Shin & Kim LLC and Yulchon LLC, representing Korean PEFs, conglomerates, banks, construction/engineering contractors, and developers in outbound investment. He also worked as in-house counsel at POSCO E&C, where he was in charge of contentious and non-contentious legal services encompassing overseas engineering, procurement, and construction works in power plants, oil & gas refinery plants, steel-making projects, project financing, and related international arbitration disputes.
Read more about the University of Georgia School of Law’s Visiting Researcher initiative here.
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