Official Title: Associate Professor | Head of the Department of Law and Public Policy | Programme Coordinator for the Master of Lusophone and International Public Law, Community Development and Government Studies
Faculty:
Faculty of Business and Law
Email: ansoumane.diakite@usj.edu.mo
Short Bio
Ansoumane Douty DIAKITE is an Associate Professor at the University of Saint Joseph, Macau. Since 2009, he has served as a member of the Faculty of Business and Law. He has been responsible for the following administrative responsibilities since 2009:
1) 2020- Up to now : Head of the Department of Law and Public Policy, University of Saint Joseph (USJ)
2) 2020-Up to now : Coordinator of the Macau Academy of Comparative Alternative Dispute Resolution (USJ)
3) 2020 Up to now: Coordinator of the Master of Community Development (USJ).
4) 2018-Now: Coordinator of the Master of Lusophone and Public International Law
5) 2018- 2020: Coordinator of the Center for Social and Legal Studies (USJ)
6) 2016- 2018: Coordinator of the Bachelor of Business Administration (USJ)
7) 2009-2012- Coordinator of the Center for African Research and Development (USJ)
He obtained a PhD in Government Studies from the University of Saint Joseph. In addition, he earned a Master's Degree in European, International, and Comparative Law from the University of Macau. The subject of his research was International Investment Dispute Settlement through Arbitration.He completed his undergraduate studies at the Sorbonne branch in Cairo, Egypt (Institut de Droit des Affaires Internationales, IDAI) from 2002 to 2006.
In addition to his academic degrees, he obtained several certificates and diplomas in Macau as well as elsewhere. Among them are:
1) Graduate Studies Program (GSP) Certificate awarded by the United Nations Office in Geneva in July 2007;
2) Diploma in International Commercial Arbitration issued jointly in March 2008 by the Macau Legal and Judicial Training Center and the Charter for International Commercial Arbitration of Hong Kong;
3) Diploma in International Trade and Investment Law awarded in July 2008 by the Macau Academy of International Trade and Investment Law of the Institute of European Studies of Macau (IEEM);
4) Diploma in Culture and Sustainable Development awarded in 2012 by the Institute of European Studies of Macau (IEEM);
5) Certificate in Macau's Legal System, awarded in 2015 by the Rui Cunha Foundation
6) Diploma in Management awarded in 2018 by the Macau’ Institute for Tourism
7) Diploma in Intellectual Property Law awarded in 2018 by the Institute of European Studies of Macau and Maastricht University (Netherlands);
8) Certificate in International Private Law Section awarded by the Hague Academy of International Law, Netherlands;
9) Certificate in International Trade and Investment Law awarded in 2020 by the Academy of International Trade and Investment Law, Macau;
10) Certificate in Cyber Resilience Capacity Building awarded in 2020 by the United Nation University Institute in Macau.
Furthermore, Prof. Diakite has also been engaged in extra-academic activities. In April 2006, he became one of the founders of the Association for the promotion of African Business Law in Cairo. He served as President of the African Chamber of Commerce in Macau from 2015-2018.
Professional Memberships:
2021 up to now : Affiliated experts-Asia Pacific FDI Network APFN (https://www.fdi-forum.com/affiliated-experts)
Since 2022: Member of the Associação Lusófona de Arbitragem e Mediação (Lusophone Arbitration andMediation Association)
ORCID: https://orcid.org/0000-0002-4257-3881
Publications
Publications & Conferences:
Peer-reviewed Journals - Conferences' Proceeding- Practice Notes & Book.
Diakité. A.D.(2024). Analyzing The Forms of Aid Delivered to Guinea by The Traditional and Re-Emerging Aid Donors: Contrasting Aid Policies from China and France. MRI Journal Issue 13 October 2024.
Lampo, A., Diakite, A. D., & Ip, C. H. E. (2024). Understanding Policy Acceptance through UTAUT-2: The Case of the Northbound Travel Policy for Macau Vehicles. Journal of Global Business Research and Practice, 1(1), 27-39
Lampo, A., Diakite, A. D., & Ip, E. C. H. (2024). Adapting the Unified Theory of Acceptance and Use of Technology 2 (UTAUT-2) to the Acceptance of Public Policies. PROCEEDINGS OF THE 18th INTERNATIONAL CONFERENCE OF THE AGBRP, 450–460. https://www.agbrp.world/_files/ugd/5793fb_1cb809669cd5451184252e9684416ab7.pdf
Diakite, A. D. (2023). Perspectives of Local Communities on the Impact of Chinese Aid: A Case Study of China's Aid Projects in the Education Sector in Guinea. Journal of Globalization Studies, Vol. 14 No. 2, November 2023, pp. 85–103. DOI: 10.30884/jogs/2023.02.05. Scopus index Q2.
https://www.sociostudies.org/journal/articles/3611332/
Diakite, A.D. (2023). Enforcement of arbitral awards in Macau [Practice Note]. LexisNexis. https://www.lexisnexis.co.uk/legal/guidance/enforcement-of-arbitral-awards-in-macau
Diakite, A. D., & Marques, J. A. L. (2023). Categorization of Foreign Aid Donors: A Critical Review of the Criteria in Light of China's Reemergence as a Donor. Journal of Global South Studies, 40(2).).Scopus index Q4.
Diakite, A. D. (2023). Challenging arbitral tribunal jurisdiction in Macau [Practice Notes]. LexisNexis. https://www.lexisnexis.com/uk/lexispsl/arbitration/document/407801/68SP-VSY3-SMW7-X0JW-00000-00?utm_source=psl_da_mkt&utm_medium=referral&utm_campaign=challenging-arbitral-tribunal-jurisdiction-in-macau
Diakite, A. D. (2023). Interim remedies in Macau arbitration proceedings [Practice Note]. LexisNexis. https://www.lexisnexis.com/uk/lexispsl/arbitration/docfromresult/D-WA-A-AVA-AVA-MsSWAWC-UUA-UZEYAAUUW-U-U-U-U-U-U-ADUWUCVCVZ-AZEEZBCBVZ-YEWYBZYY-U-U/2/407801?lni=68SP-VSY3-SMW7-X0JV-00000-00#.
Diakite, A. D., & Cheok, S. L. (2023). Arbitration as a dispute resolution method in Macau [Practice Notes]. LexisNexis. https://www.lexisnexis.co.uk/legal/guidance/arbitration-as-a-dispute-resolution-method-in-macau.
Diakite, A. D. (2023). China’s Aid policy approach to Poverty Alleviation in the recipient country: A Case study of the Republic of Guinea. Journal of Social Studies (JSS), 19(1), 15–40. https://doi.org/10.21831/jss.v19i1.52514
Si, L. C., & Diakite, A. D. (2023). An Exploratory Study of Macao’s Role As An Arbitration Seat And Venue For Sino-Luso Commercial Disputes. Revista Opinião Jurídica (Fortaleza), 21(36), 181–204. Scopus index Q3. https://doi.org/10.12662/2447-6641oj.v21i36.p181-204.2023.
Diakite, A.D., and Thiam, A. (2022)." An Exploratory Study on the Possibility of Harmonizing Investment Protection Regimes within the OHADA Zone" (TDM, ISSN 1875-4120) June 2022, www.transnational-dispute-management.com .The second TDM Special Issue on "The African Continental Free Trade Agreement (AfCFTA)".
Marques, J.A.L., Reis, J.M., Phillips, J.O.L, and Diakite, A.D. (2020). The Importance of Readiness for Change: a leadership perspective based on a case study in Macau, S.A.R. China. Journal of Advanced Management Science. 8(4), 116-120.doi: 10.18178/joams.8.4.116-120
Diakite, Ansoumane D., and Phillips, Jenny O. L. (2019), Motives of Traditional and Emerging Donors in Aid Giving: Comparative Study between China and France. In: Journal of Social and Political Sciences, Vol.2, No.4, 1026-1037.DOI:10.31014/aior.1991.02.04.140
Negreiros, J. and Diakite, A. (2019) Ten Spatial Problems with myGeoffice© for Teaching Purposes. Open Journal of Social Sciences, 7, 297-317.https://doi.org/10.4236/jss.2019.77026
Diakité, A.D. (2010). Aid to Infrastructure Development in Sub Saharan Africa: An Assessment of China Financing Approaches. China-Africa: New Types of Exchange, Cultural Identity and Emerging Relations in a Globalized World (pp.205-227). Macau: Saint Joseph Academic Press.
Souza, I. C., Diakité, A.D., & Iwaloye, O.O. (Eds.). (2011). China and Africa Emerging Relations. Macau: Saint Joseph Academic Press, Macau. Book
Paper presented at international conferences
Diakite, A.D. (2024). Taking a fresh look at China's and Africa's digital cooperation policies and institutional frameworks. Paper presented at the International Symposium Africa-China Relations in the Digital Era: Power, Precarities and Prospects, on 12 - 13 April 2024. Lingnan University, Hong-Kong.
Diakite, A.D. A Case Study of China’s Aid Delivery Conditions for Poverty Alleviation in Guinea.Paper Presented at the International Symposium Africa-China Relations in an Era of Uncertain Future, on 13-14 April 2023. Lingnan University, Hong-Kong.
Diakite, A.D.(2021). Local Perspectives and Implications for International Aid Architecture. Paper presented at the Online Roundtable Discussion organized by Stockholm International Peace Research Institute (SIPRI), 12 Nov. 2021.
Diakite, A.D.(2022).China and Africa: The Case Study of Guinea: Opportunity and Risks. Paper presented at the Workshop organized by Beijing Yale Center & Rothlin CSR Consulting Ltd. Beijing, 15 December 2021.
Diakité, A.D. (2015). Assessing Poverty Reduction in China’s Aid Policies toward Africa. Paper presented at the conference on Asian Studies in Africa - Challenges and Prospects of a New Axis of Intellectual Interactions, which will take place in Accra, Ghana from 24-26 September 2015.
Lavanchawee, S.L. Diakité, A.D., & Hsiang-Ning R.C (December 2011). Obstacles to Cross-Cultural Interaction in an Eastern Cultural Environment: Chinese-African Co-Habitation. Paper presented at International Conference on Education, Taiwan.
Diakite, A.D. (September, 2011). Une Analyse Sommaire des Projets Industriels Financés Par L’aide Chinoise en Guinée depuis la Première République. Paper presented at the Study Tour in China for French-speaking African Researchers at China Foreign Affairs University, Beijing.
Modules
Year 1 Doctorate
This module enables students to plan and conduct qualitative research studies. The module introduces instrumentation for data collection, including interviews, observation, and reflection on practice. For qualitative studies, it considers matters of researcher bias, sampling, piloting, reliability and validity in the conduct of research, operationalizing research questions; the politics and micro-politics of research; insider and outsider research. This module also aims to enable students to analyze and interpret and present the results of different kinds of qualitative studies.
This Module provides an initial experience of supervised research work where students will work with their intended supervisor in a collaborative tutorial model that resembles the practice of Thesis Supervision. During the Module the intended supervisor will guide the student trough multiple meetings (up to 15) during a full academic year The students will conduct autonomous research that should result in a preliminary literature review, research contextualisation and a thesis proposal completely finished and prepared to be submitted to the Foundation Year Final thesis proposal review and assessment instances.
Year 1 Master
This course will prepare students to think strategically about advocacy strategies, leverage points, and resources for change. Students will focus on the nature of power in its various forms (electoral power, issue framing, financial, citizen mobilization, public opinion) and explore how power and resources can be acquired, evaluated, mobilized and deployed in the service of promoting a policy agenda. Students will use a variety of methodologies, including case studies, to learn how to intervene consciously and responsibly in the civic life of communities: elections, budgeting processes, legislative and regulatory processes, and the ways to influence and to marshal public opinion for the common good.
Students will become proficient in current methods of conducting research in the field: problem definition, construction of hypotheses, research design, sampling, data collection and evaluation, and interpretation of findings.
In this module students will explore the conditions that promote viable enterprises and increased employment in the community. Topics include: Principles of Economic Development and Growth (community history and community growth potential, the role of business, labor, & jobs, building sustainable systems, social capital); the Role of Community-Based Institutions (community support organizations, sources of funding); Economic Development Planning (local economic development incentives, building public/private collaboratives); The Economic Influence of Neighborhood and Building Design; and Measuring Economic Growth (data sources, methodology).
Students will examine moral issues that arise within public organization, such as privacy, government responsibility, rule of law, etc.
Students learn negotiation and leadership skills for managing differences. The course uses a group relation perspective on the behavior of groups and of individuals in groups to understand negotiation dynamics. The course also studies the nature of conflict, how to handle two or multi-party conflicts, and the impact of mediators on negotiations. It blends skill-building exercises, theory discussions, and dialogue.
Students will become proficient in current methods of conducting research in Public Administration: problem definition, construction of hypotheses, research design, sampling, data collection and evaluation, and interpretation of findings.
Students will explore the development of global forms of governance through the emergence of international organizations such as the UN, WTO, IMF, the World Bank and others. Emphasis will be placed on the interplay of these organizations with nations, regions, and emerging forms of governance and political activism.
This course examines the role of civil society (churches, civic associations, unions, community-based organizations, NGOs), and business as agents for change and development. Students will also explore the ways in which governments respond to such pressures and opportunities.
Law and political structures play an important regulatory role towards the goal of sustainable development. Still, worldwide environmental degradation is a reality. The module will thus focus in the effectiveness and limitations of law and its enforcement as tools for environmental protection.
The module will begin by reviewing the major international agreements in the environmental area. The local legislation on environment will also be reviewed and compared with relevant international legislation. The role of the institutional and political structures in the process of decision-making concerning the environment will be analysed using particular case-studies as examples, whenever appropriate.
"Intellectual Property has become central in modern economies. This is a field of law that aims to stimulate innovation, guarantee fairness and transparency in commerce and protect creativity. International trade has made it even more necessary to reason in a comparative perspective.
The goal of this module is to introduce students to the fundamentals of Intellectual Property in a comparative perspective, focusing the lusophone branch. Due to its dynamic, it is also important to equip students with abilities to investigate in the field.
"
"In the current landscape for commercial legal practice no matter as in-house advisor to commercial or governmental organisations or in private practice (or even simply as a businessman), it is inevitable that one has to deal with cross-jurisdictional legal issues.
The goal of this module is to introduce students to perspectives on commercial law of Lusophone trading/investing partners in common law jurisdictions using Hong Kong as example on areas like contractual documentation, fraud, evidence, litigation and ADR.
Students will be using the background facts (with modifications by the students from time to time) in the following hypothetical case as to how cross-jurisdictional legal disputes may arise and be resolved: http://www.cisg.law.pace.edu/cisg/moot/moot19.pdf
It is hoped that through such exposure, students will be more aware of the differences which may challenge them when dealing with jurisdictions from different legal families (not just civil law and common law families) when dealing with their trading/investing partners in the one belt one road endeavours.
"
"This module is a graduate-level seminar class addressing the contemporary issues in international law. The seminar cover three general areas. The first part of the seminar is devoted to general understanding of the international law (the sources, the emergence of new subjects and actors of international law, the fragmentation of the substantives law and the issue of implementation). The second part of the seminar will explore the growing issues raised by the phenomena of globalisation such as the cross-border movement (volunteer or forced movement) of people; the climate changes and the global response; the transnational organised crime (including the terrorism; human traffiquing and money laundering); the conflicts and international peace keeping; the role of TNC is human rights violation and finally the recent development of rules to frame international development activities.
The last part will analyse the recent changes in international adjudication system and the emergences of new forms of adjudications and actors.
"
Year 2 Master
"The ultimate goal of the subject is to get participants ready to undertake the writing tasks demanded of lawyers. Specifically, the subject should help honing the following skills:
-Analyzing and conceptualizing legal issues.
-Organizing strategies (outlining, decision trees, cluster diagrams).
-Structuring legal arguments and documents.
-Using core writing techniques, including clarity, cohesion, concision, and legal concerns.
-Writing strong introductions and conclusions.
-Mastering objective v. persuasive techniques.
-Sharpening efficient writing and editing skills using timed assignments.
"
"While many people claim to be professional or to act in professional ways, there is a growing demand for moral behavior amongst professionals. Ethics in the exercise of legal profession (deontology) refers to the minimum standards of appropriate conduct within the legal profession. This model aims to identify, discuss and put forward a set of professional rules in relation to relationship between clients, judges, notaries, legal practitioners and lawyers. It mainly involves duties that the members owe one another, their clients, and the courts. This course will provide a values-based approach to ethical professionalism and provide a method of thinking about and dealing with ethical issues in the work place. The course will provide a discussion of what a profession is and what it means to act professionally. It will include a discussion of the features of moral reasoning and provide a case resolution method for dealing with ethical issues of the work place. The course will cover in-depth those values central to legal petitioners such as integrity, respect for persons, principle of legality, and responsibility towards the society and towards the clients.
1. Moral and Ethics
a. Historical and philosophical comments
b. Moral, Ethics and Religion
c. Moral, Ethics and Citizenship
d. Moral, Ethics, social valuation and political valuation
e. Moral, Ethics and State
f. Moral, Ethics and Professional Deontology
2. Professional Deontology
a. Sources and normative typology
b. Conventional and Collegiate
c. Legal
d. International and Supranational
e. Disciplinary power
3. Deontology of the legalProfessions
a. Justice, Law and Laws
b. Major deontological principles
c. Legal Professions and Deontology: Magistrates, Lawyers
d. Arbitrators, Notaries and Registrars and Jurists
4. Ethics in state justice and arbitral justice
5. COMPARATIVE LAW: legal and conventional systems of Macau, Portugal, Angola, Mozambique, Timor and Brazil."
Year 2 Bachelor
Over the past ten years, international trade policy and its institutions have taken on the additional responsibilities of protecting the environment and promoting development among the world's poorest people. Students will first develop an understanding of the linkages between trade, environment, and development policies. Some of the more important efforts to link these policies together will also be studied, including the North American Free Trade Agreement, the World Trade Organization's "Development Round", and tourism development in Southeast Asia.
This course explores the basic principals of law as they affect international business. It examines the basic instruments and institutions of the international legal system and cultural underpinnings of major world legal traditions, such as the European Union and the World Trade Organization. Students learn how to structure and execute basic international commercial transactions in goods, services, and technology, including the impact of import-export issues, contract issues, and trade issues on business transactions. The course also examines the structure and regulation of foreign direct investment, including strategic choices for business structures and the impact of regulation on strategy. Finally, the course examines the ethical dimensions of corporate conduct in a transnational setting. This course uses materials from many countries and traditions, and makes extensive use of the World Wide Web.
Year 4 Bachelor
This course focuses on negotiation in the global business setting designed to improve students' skills in all phases of negotiation: understanding prescriptive and descriptive negotiation theory as it applies to dyadic and multiparty negotiations, to buyer-seller transactions and the resolution of disputes, to the development of negotiation strategy and to the management of integrative and distributive aspects of the negotiation process. The course is based on a series of simulated negotiations in a variety of contexts including one-on-one, multi-party, cross-cultural, third-party and team negotiations, cultural strategies, culture interests, and culture ethics.
Over the past ten years, international trade policy and its institutions have taken on the additional responsibilities of protecting the environment and promoting development among the world's poorest people. Students will first develop an understanding of the linkages between trade, environment, and development policies. Some of the more important efforts to link these policies together will also be studied, including the North American Free Trade Agreement, the World Trade Organization's "Development Round", and tourism development in Southeast Asia.
This course is about the opportunities and challenges of using your managerial skills and entrepreneurial talents creatively and appropriately to help solve social problems and to make a difference in the lives of others. To that end, we focus on organizations with an explicit civic mission or social purpose. Course materials include readings, cases and films (where relevant). Periodically throughout the semester leaders of social enterprise organizations will join the class to explore the subject matter in more detail and from a practitioner's perspective. The chief aims of this course are to: (1) provide a historical context for considering social enterprises; (2) engage participants in institutional efforts to create a good society through direct exposure and experience with the work of these organizations; (3) develop the skills and competencies necessary to respond positively to the managerial challenges faced by these organizations; and (4) prepare participants for leadership roles in their communities.
