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BHARTI VIDYAPEETH NEW LAW


COLLEGE, PUNE

SUBJECT: INTERNATIONAL COMMUNICATION


TECHNOLIGY

TOPIC: INTERNATIONAL LAWYERING: A GLOBAL


OPPORTUNITY

SUBMITTED TO: SUBMITED BY:


RASHMI DUBEY RAGHU RAJ PRATAP
B.A. LL.B. IInd YEAR
C- 18
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ABSTRACT
The weights and chances of globalization have significantly changed the idea of legitimate
practice. How and why we specialize in legal matters? For whom and whose advantage? In
what settings? What's more, on what terms? The responses to these inquiries are constantly
changing because of current worldwide patterns. The people group served by legal advisors,
the training settings where they work and the issues that they face are progressively differing,
mind blowing, transnational and worldwide in character. These difficulties request new skills
and raise a large group of new issues about morals and polished methodology. As a limit
matter, an ever-increasing number of legal advisors participate in transnational works on,
including, for instance, corporate, family, work and human rights rehearses. Information of
global and similar lawful frameworks and the standards of expert lead in different purviews is
progressively basic in such settings. In any case, past these hesitantly transnational settings, it
is maybe significantly increasingly essential to recognize that scarcely any regions of training
stay in which legitimate experts can depend entirely on the information of a solitary,
residential lawful framework. Neighbourhood people group are microcosms of worldwide
decent variety in which an assortment of official and informal legitimate requests and moral
frameworks cover. The undeniably pluralistic nature of current neighbourhood networks
requests that most by far of legal advisors will be required to work in settings that require
culturally diverse abilities and sensitivities to assorted legitimate and moral points of view.
Put basically, the intricacy of the present world isn't only an issue for universal legal advisors
– it is an issue for all attorneys. Thusly, contemplating lawyering in a worldwide network and
how we practice it, yet in addition how we find out about and direct it, has happened to focal
worry for experts, instructors and controllers. That focal concern is the subject of this talk,
which poses the accompanying inquiry: for what reason should legal counsellors care about
being increasingly open to the worldwide? In building up a reaction to this inquiry, this talk
sees three issues: pluralism, polished methodology and sober mindedness, all of which,
together, give a premise to a response to this request.

Keywords: International lawyer, Arbitrator,


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INTRODUCTION
International law is the set of rules, agreements and treaties that are binding between
countries. When sovereign states enter into agreements that are binding and enforceable, it’s
called international law. Countries come together to make binding rules that they believe
benefit their citizens. International laws promote peace, justice, common interests and trade.
International laws apply to governments. It’s up to each state government to implement and
follow international laws. A country’s laws apply to citizens and other people that are present
in the country. However, it’s up to the country’s governing authority to apply international
law and keep their agreements with the other countries that are involved.

What is an international lawyer? “There are probably as many definitions of an international


lawyer as there are international lawyers!” says Sean Doyle, an M&A partner in Skadden’s
New York office.1 An International Lawyer is an attorney who focuses their legal practice on
international disputes. These types of disputes may include international business, trade, or
criminal issues. Although lawyers have long educational paths, once established, lawyers of
all kinds can earn large salaries. The U.S. Bureau of Labour Statistics (BLS) reported in May
2015 that the median annual salary for lawyers was $115,8201. In an age of increasing
globalisation, it is increasingly important that law graduates have an understanding and
appreciation of different approaches to lawyering and the law and develop an international
perspective on law. The roles of lawyers in global firms are more interconnected.
The legal profession has been concerned for some time with the capability of law graduates
for transnational practice. For example, of private international law, there is inevitably an
array of skills and attitudes that must accompany such knowledge to develop what might be
called the global lawyer. This post teases out what those skills and attitudes might look like.
International law generally encompasses a broad spectrum of specialization areas, including
business, human rights and policy. Continue reading for an overview of the program, as well
as career and salary info for some career options for graduates. A willingness to travel
frequently and the ability to speak a foreign language are just a few of the prerequisites for
becoming an international law professional. Those who are interested in pursuing this career
are required to obtain a bachelor's degree or higher as well as specific licenses or
certifications. Several job opportunities can be found in government agencies, international
organizations and private corporations, to name a few.

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1. Sean Doyle, an M&A partner in Skadden’s New York office.
2. Source: BLS report 2015.
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BORDERLESS PRACTICE

The premise for a discrete subject focussing on the global lawyer is to engage students in
thinking about ‘borderless practice’. The components of transnational practice include an
understanding of comparative legal practice, comparative legal processes, cross-cultural
competencies, and digitally-mediated global information flows.

While comparative law is its own recognised field, the focus on setting a foundation for a
global lawyer is to appreciate diverse legal process and the cultural context within which that
process occurs. Without interrogating the rules of civil procedure globally, the goal is to raise
awareness in students of diverse justice systems and to inculcate open-mindedness to
variations in procedure and the implications for practice. The process of questioning and
investigating other jurisdictions models an approach to thinking about legal process as a
precursor to learning the rules themselves. It also is the opening for investigating culture: not
in a vacuum, but as it relates to the lawyer’s practice, their relationship with colleagues, with
clients, and with the community they serve – wherever that might be.

Cultural competency can be dealt with on two levels. The first is raising student
consciousness of cultural differences and how this affects both communication and the role of
the lawyer. The second relates to the interaction between identity – often the subject of
human rights – and culture. This itself has two dimensions: how the lawyer can protect
human rights in culturally diverse contexts, and how the lawyer’s own identity is perceived
within diverse cultural and legal contexts. The global lawyer requires insight into their own
impact as a lawyer and a person.

An emerging cultural context is the use and application of digital technologies. They demand
their own competencies in facilitating communication, and in making choices about their use.
The global lawyer is adept at managing their digital footprint. They have a mind to the
effective management of information in accordance with professional and ethical norms
regardless of jurisdiction. They have skills in manipulating information using diverse digital
tools as a means of communication and an expression of the client’s needs and of the law
itself.

In one sense, in an increasingly globalised world every lawyer is ‘global’. Increasingly open
access to the law itself, mass communication and global connectivity potentially projects
each of us into a global community.
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Career Options
The majority of international law professionals are employed by government agencies,
private corporations, academia, and not-for-profit, non-governmental or international
organizations. The U.S. Department of Justice, the U.S. Department of State, the United
Nations and Human Rights Watch are some of the larger, more well-known employers of
international law attorneys. There are many possibilities when it comes to where you can
work as an international lawyer. A law firm that specializes in international law is one option.

Attorney
Attorneys represent clients in courts of law, and international law attorneys specialize in law
cases that have to deal with legal conflicts between states or countries. Besides specializing in
international law, attorneys can further specialize by focusing on international law in
relationship to business transactions, finance or immigration, as just a few examples.
Common job duties for attorneys include meeting with clients, providing advice on how to
move forward with legal matters, filing paperwork and depositions, acquiring evidence,
meeting with judges and communicating with the public. Becoming an international law
attorney requires completing at least a Juris Doctorate (J.D.) degree program with courses in
comparative or international law. Some international law professionals go on to pursue a
Master of Laws (LL.M.), adding an additional 12-18 months of education. Many laws school
offer a J.D./LL.M. dual degree program in international or comparative law. A dual degree
program can sometimes include an externship or study abroad program, as well as summer
study. Lawyers must be licensed by the state in which they intend to practice. Becoming
licensed requires taking and passing the state bar exams, which tests overall law knowledge.
State bar exam requirements most commonly include the Multi-state Bar Examination (MBE)
and either the Multi-state Essay Examination (MEE) or the Multi-state Performance Test
(MPT). In addition to law knowledge testing, most states also require completion of the
Multi-state Professional Responsibility Examination (MPRE), taken separately from the bar
exams.
Arbitrator
Before people seek out lawyers, they often go to arbitrators to help settle legal matters outside
of court. Arbitrators act as negotiators and liaisons. They listen to all sides of the argument,
review evidence and then recommend possible solutions to which all parties can agree.
Arbitrators who focus on international law may negotiate terms between businesses prior to
an international merger, for instance. In terms of education and training, there are many
different pathways to becoming an arbitrator.
A large number of arbitrators are retired judges or currently practicing lawyers, so these
professionals have a great understanding of the law, hold one or more graduate-level degrees
and are licensed to practice law.
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Other arbitrators have a background in business within a specific industry, and these
professionals may only hold bachelor's degrees, but they tend to possess many years of
industry experience. Each state has different licensure requirements for arbitrators. Some
states require arbitrators to be licensed attorneys, and that process is described in the section
above. There is also a national licensure process for arbitrators, which may be necessary for
those who wish to practice international law arbitration. In addition, for arbitrators who
specialize in international matters between the U.S. and other countries, those professionals
may need to adhere to licensure requirements in multiple countries.
Judge
These professionals manage trials, research legal issues, converse with lawyers and pass final
decisions on cases of law. Judges who specialize in international law listen and oversee legal
cases that fall within this category. Unlike other jobs, people must be chosen to be a judge
either through a formal election or through being appointed. However, interested parties can
choose to run for election or submit their resume for review to a selection committee. The
majority of judges have previous experience as lawyers, so it is fairly common for judges to
have graduate-level law degrees and for them to be licensed attorneys. Candidates who want
to preside over international law cases often have a background in comparative or
international law. Other than being a licensed attorney, other required exams to become a
judge may include the U.S. Office of Personnel Management exam. Upon being appointed or
elected to a judge position, individuals will need to complete an orientation training process

Qualifications Necessary to Enter the Field


International law includes specializations, such as human rights, environmental issues,
foreign trade, business mergers, intellectual property, treatment of refugees, prosecution for
international crimes, arms agreement and controls, trade between states, preventing war, and
public policy. Additionally, international law professionals might choose to specialize in a
specific region, country or continent, such as the African Union or the European Union.
Education requirements for international law professionals vary significantly, and many
careers within the legal system require professionals to hold specific licenses or certifications
in accordance with state or federal law. Due to the nature of this field of study, professionals
may need to speak more than one language, travel around a fair amount, and communicate
frequently with foreigners and other government agencies.

To become an international lawyer, we need to earn a Juris Doctor (J.D.). The requirements
to become an international lawyer involve seven years of full-time study. Students spend the
working towards a bachelor’s (B.S.) degree. Law schools do not require specific fields of
undergraduate study, though many aspiring attorneys choose to major in government or
history. Students also benefit from focusing on international studies and foreign languages.
Before graduating, students must pass the Law School Admissions Test (LSAT). This half-
day exam assesses analytical reasoning, critical thinking, and reading skills. The score plays a
major factor in their admission into law school.
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Law school entails three years of study to earn a Juris Doctor (J.D.). Students complete basic
law courses such as contracts and torts the first year. Second and third-year studies include
elective courses. During this time, students can participate in judicial internships or clinical
experiences.
While in law school, students begin preparing for the bar exam. After receiving a law degree,
students must pass the bar exam and the Multistate Professional Responsibility Exam
(MPRE). The last requirement to become an international is gaining admission into a state’s
bar association.

Employment Outlook and Salary Information


Data from the U.S. Bureau of Labour Statistics (BLS) predicted that open positions for
attorneys would grow by 6% between 2014 and 2024 while positions for arbitrators would
grow by 9%.3 The BLS does not have specific records for professionals who specialize in
international law. Since judges are appointed or elected to their positions, job growth in this
field was projected to show almost no change during the same decade, per the BLS. In May
2015, salary statistics reported by the BLS showed that the median annual salary earned by
attorneys in general was $115,820.4 Data from the same source and the same year showed
that arbitrators earned $58,020, and judges earned $126,930. Graduates of international law
may choose to pursue a career as an attorney, arbitrator or judge. Each of these positions
plays a different role in resolving conflict and require individuals to be licensed or certified
before practicing. While job growth is not at an all-time high this decade, professionals can
expect to earn anywhere from $58,020 to $126,930 annually.

Demand
Generally, competition for jobs is high due to the large number of law school graduates and
the current economic climate that is forcing some firms to cut back on hiring. Increasingly,
law graduates are using their specialized training to secure jobs in related fields. While
globalization brings the private and public sectors closer together, the demand for
international lawyers rises. Increasingly, larger organizations are establishing offices in
foreign countries to handle international issues. Developing countries need lawyers to assist
in their legal transformations and organizations like the India and UK need lawyers to
interpret their charters and international law.

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3. U.S. Bureau of Labour Statistics (BLS) Data 2012
4. Source: BLS report 2015.
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Future Challenges of the Profession


The demand for international lawyers with expertise in international relations and cross
border transactions will continue to grow as the legal industry globalizes. The international
legal field is constantly redefining itself by adding new areas to the practice, making it
difficult for attorneys to describe themselves as all-inclusive international lawyers.
The international law career field is unsystematic at best and preparing yourself to meet its
demands is challenging because there is no international law career ladder to climb or road to
follow. Another challenge of the profession is to not be discouraged by the lack of
international work at the beginning of your career or the length of time it takes to develop
your career. As a rule, a lawyer will gain experience exclusively in domestic law until a client
involved in an international project requires their domestic expertise.

In the coming year (and beyond), areas of the law perceived by some as too liberal will be
vulnerable to attack, and tensions will persist between key states on how the law applies to
emerging global challenges.

The dynamics of international law are shifting.

Countries that traditionally have led the way in shaping international law are ceding
space, as a consequence of reduced global power, tarnished prestige and rising
nationalist sentiment. Meanwhile, countries such as China are increasingly engaged,
recognizing the potential for the law to further their interests

Conclusion.
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