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A Bigger World of International Law A Bigger World of International Law
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THE HAGUE — Pubudu Sachithanandan, a trial lawyer from Sri Lanka at the International Criminal Court, is a long way from where he started. But like so many other lawyers here in the city of international justice, he is, geographically at least, not far from where he went to graduate school, in Oxford, England.THE HAGUE — Pubudu Sachithanandan, a trial lawyer from Sri Lanka at the International Criminal Court, is a long way from where he started. But like so many other lawyers here in the city of international justice, he is, geographically at least, not far from where he went to graduate school, in Oxford, England.
Though the field of international public law is gradually spreading globally, a handful of universities in the United States and in Europe hold disproportionate sway when it comes to training the international-law elite. But as courts and nongovernmental organizations look for wider geographical representation among their lawyers, smaller and newer law schools in Asia and Australia and law schools that offer specialized postgraduate degrees are moving to catch up.Though the field of international public law is gradually spreading globally, a handful of universities in the United States and in Europe hold disproportionate sway when it comes to training the international-law elite. But as courts and nongovernmental organizations look for wider geographical representation among their lawyers, smaller and newer law schools in Asia and Australia and law schools that offer specialized postgraduate degrees are moving to catch up.
“I don’t think it’s true anymore that you have to be Oxbridge or Yale-Harvard to get into these places,” Mr. Sachithanandan said of the international courts based here. “It is a broader system now.”“I don’t think it’s true anymore that you have to be Oxbridge or Yale-Harvard to get into these places,” Mr. Sachithanandan said of the international courts based here. “It is a broader system now.”
However, those universities and a few others like them, primarily in England and on the East Coast of the United States, still lead the relatively young market — not only because of their wealthy endowments, renowned faculties, ready access to fellowships, internships and development opportunities and stellar brands — but also simply because employers can more easily asses the graduates of the universities they know.However, those universities and a few others like them, primarily in England and on the East Coast of the United States, still lead the relatively young market — not only because of their wealthy endowments, renowned faculties, ready access to fellowships, internships and development opportunities and stellar brands — but also simply because employers can more easily asses the graduates of the universities they know.
Marc Weller, the director of the Lauterpacht Center for International Law, at the University of Cambridge, said in referring to the popularity of his faculty: “The demand has not lessened; it remains very strong. Many see it as their entry card into the higher echelon of international legal practice.”Marc Weller, the director of the Lauterpacht Center for International Law, at the University of Cambridge, said in referring to the popularity of his faculty: “The demand has not lessened; it remains very strong. Many see it as their entry card into the higher echelon of international legal practice.”
Simon Chesterman, dean of the law school at the National University of Singapore, also known as N.U.S., agrees that universities like Cambridge still have a commanding lead when it comes to training elite international lawyers.Simon Chesterman, dean of the law school at the National University of Singapore, also known as N.U.S., agrees that universities like Cambridge still have a commanding lead when it comes to training elite international lawyers.
“It is changing, but it is taking time,” he said. “Asia in particular has been slow to embrace international law, but that’s really changing.”“It is changing, but it is taking time,” he said. “Asia in particular has been slow to embrace international law, but that’s really changing.”
Dr. Chesterman pointed to several international disputes in Asia, including one involving the World Trade Organization and China and another between Singapore and Malaysia over Pedra Branca island, that were eventually resolved in a courtroom, leading to a greater awareness in Asia of the need to invest in international law education.Dr. Chesterman pointed to several international disputes in Asia, including one involving the World Trade Organization and China and another between Singapore and Malaysia over Pedra Branca island, that were eventually resolved in a courtroom, leading to a greater awareness in Asia of the need to invest in international law education.
Dr. Chesterman pointed to Hong Kong University, Tsinghua University, in Beijing, and N.U.S. as centers of international law in Asia that put an emphasis on arbitration. Within the past decade, for example, the N.U.S. law school has gone from a local institution to a reputable international training ground. It now has 120 master of law graduates a year, with 80 percent coming from across Asia and 20 percent from Europe and the Americas. The law school will open another master’s program, in internal arbitration and conflict resolution, in 2015. The program, an offshoot of a research center dealing with the same subject that opened in 2012, will admit about 50 students.Dr. Chesterman pointed to Hong Kong University, Tsinghua University, in Beijing, and N.U.S. as centers of international law in Asia that put an emphasis on arbitration. Within the past decade, for example, the N.U.S. law school has gone from a local institution to a reputable international training ground. It now has 120 master of law graduates a year, with 80 percent coming from across Asia and 20 percent from Europe and the Americas. The law school will open another master’s program, in internal arbitration and conflict resolution, in 2015. The program, an offshoot of a research center dealing with the same subject that opened in 2012, will admit about 50 students.
The N.U.S. law school is the first one from Asia to have access to the International Court of Justice university training program and frequently sends fellows to the International Court of Arbitration, both in the Peace Palace, in The Hague. This represents a major advantage over other newer schools because few spots are available at these institutions, and they are difficult for anyone outside the traditional top universities to access. The N.U.S. law school is the first one from Asia to have access to the International Court of Justice university training program and frequently sends fellows to the Permanent Court of Arbitration, both in the Peace Palace, in The Hague. This represents a major advantage over other newer schools because few spots are available at these institutions, and they are difficult for anyone outside the traditional top universities to access.
Indeed, one reason Yasmin Naqvi, a legal officer at the International Criminal Tribunal for the former Yugoslavia, decided to pursue her master’s and then her doctorate at the Graduate Institute of International Studies, a semiprivate law school in Geneva, after having gone to law school in Australia, was the institute’s proximity to international organizations in Geneva and the opportunity to get internships there, she said.Indeed, one reason Yasmin Naqvi, a legal officer at the International Criminal Tribunal for the former Yugoslavia, decided to pursue her master’s and then her doctorate at the Graduate Institute of International Studies, a semiprivate law school in Geneva, after having gone to law school in Australia, was the institute’s proximity to international organizations in Geneva and the opportunity to get internships there, she said.
“I think that my exposure definitely increased,” she said of her decision to continue her studies in Europe.“I think that my exposure definitely increased,” she said of her decision to continue her studies in Europe.
Like other midcareer international lawyers here, Dr. Naqvi said things were changing in part because the big courts here were looking for a wider geographical representation. The United Nation-based institutions have even set quotas.Like other midcareer international lawyers here, Dr. Naqvi said things were changing in part because the big courts here were looking for a wider geographical representation. The United Nation-based institutions have even set quotas.
“These days you could easily do a degree in international law in Australia and have a very good chance at the U.N. or other international institutions,” Dr. Naqvi said.“These days you could easily do a degree in international law in Australia and have a very good chance at the U.N. or other international institutions,” Dr. Naqvi said.
At the law school of the University of Melbourne, one of Australia’s leaders in international law, 80 percent of students in the master of international public law program are from Australia, though the number of foreigners, mostly from Asia and Latin America, is growing.At the law school of the University of Melbourne, one of Australia’s leaders in international law, 80 percent of students in the master of international public law program are from Australia, though the number of foreigners, mostly from Asia and Latin America, is growing.
Like other younger law schools, the Melbourne law school offers courses overseas. During a two-week travel portion of the global lawyer elective course, held in New York and Washington, or the international institutions course held in Geneva, students are exposed to traditional centers of international law.Like other younger law schools, the Melbourne law school offers courses overseas. During a two-week travel portion of the global lawyer elective course, held in New York and Washington, or the international institutions course held in Geneva, students are exposed to traditional centers of international law.
“They want to do the qualification in a commonwealth,” said Alison Duxbury an associate dean at the law school, referring to the common-law tradition used in Australia.“They want to do the qualification in a commonwealth,” said Alison Duxbury an associate dean at the law school, referring to the common-law tradition used in Australia.
While British and American justice is based on precedent-based common law, many European and Latin American countries go by a codified civil law. Although important aspects of both systems are found in international law, it is clear that the English language has become an important asset in the field.While British and American justice is based on precedent-based common law, many European and Latin American countries go by a codified civil law. Although important aspects of both systems are found in international law, it is clear that the English language has become an important asset in the field.
“Though French remains important, the vast majority of legal practice requires English and an advanced degree in that is desirable,” said Dr. Chesterman.“Though French remains important, the vast majority of legal practice requires English and an advanced degree in that is desirable,” said Dr. Chesterman.
Another advantage is that the Australian system of law schools is standardized nationally, meaning that potential employers can better assess and compare applicants from different schools.Another advantage is that the Australian system of law schools is standardized nationally, meaning that potential employers can better assess and compare applicants from different schools.
Evaluation of degrees and experience is a challenge when applicants come from many different countries with varying legal systems, toting degrees from a vast array of law schools.Evaluation of degrees and experience is a challenge when applicants come from many different countries with varying legal systems, toting degrees from a vast array of law schools.
“When you apply to places, it is usually easier to have a degree that people can assess,” said Mr. Sachithanandan, whose Oxford degree is naturally easier to evaluate than his Sri Lankan Law College diploma.“When you apply to places, it is usually easier to have a degree that people can assess,” said Mr. Sachithanandan, whose Oxford degree is naturally easier to evaluate than his Sri Lankan Law College diploma.
“The bigger institutions have the advantage of additional resources, and sometimes that leads to better study resources, occasionally better faculty, but that difference is not as vast as the difference in branding,” said Mr. Sachithanandan, who has also completed nondegree courses at the Kennedy School of Government, at Harvard.“The bigger institutions have the advantage of additional resources, and sometimes that leads to better study resources, occasionally better faculty, but that difference is not as vast as the difference in branding,” said Mr. Sachithanandan, who has also completed nondegree courses at the Kennedy School of Government, at Harvard.
Kevin Davis, vice dean of New York University law school, attributes much of its success to attracting top faculty members.Kevin Davis, vice dean of New York University law school, attributes much of its success to attracting top faculty members.
“It’s the scale: N.Y.U. is a large law school,” he said. “We can accommodate many students; we have a critical mass.”“It’s the scale: N.Y.U. is a large law school,” he said. “We can accommodate many students; we have a critical mass.”
The school’s Master’s in International Legal Studies attracts 45 to 60 students each year, with 93 percent coming from abroad (compared with the total of the school’s full-time master’s programs, which draw 73 percent of their students from abroad).The school’s Master’s in International Legal Studies attracts 45 to 60 students each year, with 93 percent coming from abroad (compared with the total of the school’s full-time master’s programs, which draw 73 percent of their students from abroad).
But Mr. Davis rejects the notion that it is only N.Y.U.’s reputation, money or status that makes it one of the top American schools for international lawyers.But Mr. Davis rejects the notion that it is only N.Y.U.’s reputation, money or status that makes it one of the top American schools for international lawyers.
“It isn’t just sentiment and old-school ties,” he said. “We have a sense of what people are interested in.”“It isn’t just sentiment and old-school ties,” he said. “We have a sense of what people are interested in.”