Author
Assoc Prof Sonam Tshering
Organisation/Institution
Jigme Singye Wangchuck School of Law
Country
BHUTAN
Panel
Miscellaneous
Title
Assessing the Challenges of Bhutan's Proposed One Country-Two Legal Systems
Abstract
Bhutan, known for Gross National Happiness (GNH) is transitioning to radical economic development by establishing a dedicated new city known as Gelephu Mindfulness City (GMC). GMC designed by a globally renowned architect Bjarke Ingels Group plans to set up “one country, two systems” where GMC will operate under the Singaporean Legal System Model while the rest of Bhutan will continue to operate under Bhutan’s existing legal system. Bhutan and Singapore share little or no resemblance in its developmental philosophy or governance. Further, there are numerous challenges to this model as the new proposed city has no legislature yet announced that they will adopt an independent state in terms of judicial and regulatory system from rest of the country. Another unique feature is that Bhutan’s model plans to implement a 40-year development strategy where twenty years of divergence, allowing two distinct legal systems to operate independently, followed by twenty years of convergence towards a unified single legal system- “one country one system”. Thus, the news approach marks not only a novel idea but also significantly departs from its traditional Gross National Happiness (GNH) principles, though it claims that the city will be in line with GNH principles. This study will examine Bhutan’s radical transformation of a legal system and compare with Hongkong. This paper aims to analyze how Bhutan plans to harmonize its traditional GNH-based legal system, rooted in Buddhist values and the concept of interdependence, with the Common Law System-Singaporean Legal System, adopted to woe and build confidence among the global investors from around the world to build GMC. The study will investigate the potential implications of this hybrid model as Bhutan positions itself as a regional hub for sustainable development in South and Southeast Asia through GMC.
Biography
Sonam Tshering is an Associate Professor at JSW Law. He teaches contracts, procedural laws, comparative public procurement, procedural rights for persons with disabilities, and privacy and media laws. He also serves as the Associate Dean for the JSW Law Center and chairs the Research Review and Ethics Committee as well as serve as Editor for JSW Law Review, JSW Journal of Law and Policy, GNH and Law Review. His leadership experience at JSW Law also includes chairing the Faculty Selection Committee, participating in the Law School’s Climate Change and Environment Taskforce, and managing an Asia Foundation Grant project. Additionally, he has been involved in the Degree++ Committee and Accreditation Committee. Sonam is also a Faculty Advisor and Editor-In-Chief for JSW Law Review, and serves as an Editor for other academic publications. Prior to his academic career, Sonam worked for over six years in the Royal Government of Bhutan as an Assistant Legal Officer, Trainer, Enforcement Officer, Official Media Spokesperson and legal advisor. Sonam is writing a weekly legal op-ed for Kuensel, Bhutan’s oldest and largest newspaper, producing over 257 articles spanning more than five years. Sonam holds an LL.M from George Washington University (2018), an LL. B from Bharati Vidyapeeth Deemed University (2016), a Post Graduate Diploma in National Law (2009), and a B.Sc. from the University of Delhi (2007). He is admitted to the Bar Council of Bhutan and is licensed to practice law in Bhutan.
