This article is written by Namrata Mondal, studying at the Oxford College of Law, an intern under Legal Vidhiya.
ABSTRACT
This research work is about the international perspective on legal education and the crucial role of advocates in the legal framework. This blog is divided into two parts: the first is on global legal education, and the second part focuses on the advocates. The main aspect that differentiates this article from others is the inclusion of countries with diverse educational systems in the respect of the legal field. The main objective is not just to know the global demands on how legal education should be, but also to understand how the countries are exercising their legal studies. Therefore, it mentions the educational qualifications that every student needs to fulfil to be a well-trained legal practitioner. Accordingly, the research work explains the international perspective and what the global legal system wants the education structure to be. Not only this, but it also mentions a few challenges that stop the education system from being perfect.
The second part is about the main character of any legal system- the advocates. Regarding them, how they are meant to be, and how they can serve in the international dispute, with their strong emphasis on law and commitment to justice. It consists of the transforming nature of the advocates with the growing societal demands. The research discusses how their role transcends borders, influencing the entire judiciary.
Also, it explains case law related to international disputes, and thus, the article moves towards the conclusion.
KEYWORDS
undergraduate degrees, postgraduate degrees, juris doctors(JD), solicitors, barristers, LSAT, AIBE, Priestly-11, international law modules, cross-border practice, technology, legal reforms, civil law, common law, advocates, international court of law .
INTRODUCTION
Law is not what it was decades ago. It is continuously changing with the change in societal aspects. Without a structured legal framework in an increasingly interconnected world, legal regulation has transcended its national borders with its vibrant tapestry of diverse traditions, practices and ideologies. Law is now influencing governance, commerce, human rights, and social justice across continents.
As a result of this transformation, Legal education can be ignored. It must be reformed to meet the changing needs to deliver the justice process professionally and efficiently. A clear knowledge of laws is the first criterion that every law students are required to cover to carry on their profession in its true sense. Thus, every country must nurture its legal education with great care for a structured legal environment. Legal education can vary depending on the tradition, societal conditions, and requirements of the citizens of the country.
At the heart of this transformation lies the legal professional advocates. Traditionally, they were only the protectors of rights, but today’s advocates are global negotiators, policy influencers, protectors of rights, social service givers and strategic thinkers. They are well-versed in the law and competent. This dual focus is central to understanding the legal profession in its dynamic landscape.
It can be observed that 21st-century advocates are a new breed engaged more with social responsibility, updated with global affairs and equipped with trained skills.
LEGAL EDUCATION IN VARIOUS COUNTRIES-
UK legal education- The UK academic stage consists of two methods- undergraduate and postgraduate degree courses, and the degree must be standard (also known as a qualifying law degree). To be considered as a standard degree, it must include ‘core’ law subjects. The Bar Council of England and Wales and the Law Society decided which degree course is standard.
Generally, an undergraduate course is the most commonly used way to enter the legal profession, which leads to the Bachelor of Laws / Bachelor of Arts or a joint honours degree. While a postgraduate degree provides systemic knowledge on a particular area and exposes students to current issues, and is also more practical.
After graduation, the choice between solicitors and barristers diverges. Solicitors need enrollment with the Law Society of England and Wales, then one one-year legal practice course followed by two years’ training contract. Barristers need to join a inn of the four out of four, then complete a one-year bar professional training course and training in a barrister’s chamber, known as pupillage. [1]
Us legal education- unlike the UK, they don’t provide an undergraduate course; students must hold a bachelor’s degree beforehand. After that, they must complete three years Juris-doctor (JD) program, which is a graduate-level professional degree. This course allows students to appear for the Bar Council exam. This is the most common path to enter a legal profession, although many states provide other opportunities for those without a JD course to pursue a legal profession.[2]
Canada legal education- admission to law schools is are competitive process, students need strong academic performance and LSAT scores. In Canada, undergraduate degrees are prevalent; after that, students can complete a law degree, which is commonly known as ‘Juris Doctor’. After the JD course, students need to clear the bar exam to be qualified as legal practitioners.[3]
Australian legal education- Australian legal education is made of undergraduate and postgraduate degrees. An undergraduate LLB degree, and if anyone has a bachelor’s degree in any other subject, then a JD degree. Every student needs to clear the ‘priestly 11’ to become a successful advocate. Australian law school focuses more on developing legal knowledge, practical exposure, critical thinking, etc.. [4]
China legal education- In China, there are more or less ten law courses. Among them eight degrees are license-based. A student in China can gain legal knowledge even from high school, as the country offers a law degree of two or three years for high school students. [5]
Indian legal education- Legal education in India is also structured and standardised. A student must complete a law degree of three or five years from a renowned institution affiliated to the Bar Council of India, and after completion, must clear the AIBE exam; after that, they can enrol themselves on the respective bar councils for practising. [6]
French legal education- a student needs to complete an LLB degree and at least a master’s degree(LLM), after that, students can pursue a PH.D. in law.
INTERNATIONAL PERSPECTIVE ON LEGAL EDUCATION BASED ON THE ABOVE-MENTIONED COMPARATIVE ANALYSIS –
In today’s era, legal education is reforming by the traditions, evolving societies, and growing developments. The international perspective on legal education, as per the structured system of various countries, is as follows-
- Common law and civil law systems- common law countries such as the UK, USA, and India focus more on case law and judicial precedent. While civil law systems in France, Germany, and China emphasise statutes and codified law.
- Undergraduate and postgraduate degrees – countries have different types of graduation degree courses, which differ in traditional and other features, these compulsory courses reflect the need for well-trained and mature legal practitioners.
- Inclusion of international law modules- universities worldwide are including international law, human rights, and comparative legal studies into their core curriculum to prepare students for global legal careers.
- Global curriculum- law schools are choosing various global legal models and curricula, allowing students to gain exposure to multiple legal systems and diverse cultures.
- English as a central language- many non-English speaking countries are using English as a mode of communication to attract international students and facilitate global legal communication.
- Global internships and practical knowledge- universities nowadays are making internships and practical knowledge (moot court, debate competition, article writing competition) mandatory skills. These skills help build advocacy skills, researching, writing, thinking, making ethical decisions. While some universities or start-ups provide students with global internship opportunities.
- Reforms – countries like India, Australia are aware of making special provisions for women, children and anti-discriminatory laws.
- Inclusive access- scholarships, online education, and vocational studies are getting famous worldwide to make legal education more accessible.
- Technology and legal innovation- the legal field is getting innovated day by day by the integration and acceptance of technology, which is a great tool for saving time and focusing more on what actually matters. Countries like Singapore are the best examples for resolving disputes with the help of technology.
CHALLENGES
Although the presence of modern and growing legal system countries are facing many problems to deal with such as,
- Unequal access- countries with low earnings per capita are struggling with making legal accessible equally to everyone, though students from rural or urban area are facing problems with expensive legal courses.
- Lack of qualifies faculties- even in todays era universities and law colleges do not have qualified faculties to guide the students.
- Flexibility- some critics argue that academic criteria are too rigid, and universities need to be flexible to adapt to the newly emerging laws, such as environmental laws, cybercrime, etc.
ROLE OF ADVOCATES
Advocates play a significant role in maintaining the law within the country, and they are the protectors of human rights. They represent clients and serve justice to them. The role of an advocate from an international perspective is-
Voices of the clients- advocates give voices to their clients as well as those who are marginalised, displaced and vulnerable communities. They express the opinion of the needy people and serve them justice by rescuing the victims, not only within national borders but also in international frum line the UN, the International Criminal Court and various tribunals.
Guardian of justice- advocates in today’s era are not confined to national borders, with the rise of international human rights, trade agreements, and treaties, they play a very pivotal role in ensuring justice even behind domestic lines.
Agents of maintaining unity- in an area of diverse legal systems- common law, civil law, and religious laws- advocates unify the legal system by interpreting and applying different legal frameworks. They help to bridge the gap between international arbitration and litigtaion.
Protecting rights- in a developing fair society, human rights need to be protected at any cost. Protecting the rights of individuals and ensuring that they are not violated should be the utmost aim of the legal profession. If it is violated then advocates should follow the proper procedure to restore the damages.
Contribution in framing policies- many advocates engage themselves in international policy making, advising, drafting rules and regulations.
Promoter of ethical practice- international perspective advocates to carry on their profession ethically, and advocates are increasingly expected to maintain integrity, transparency, and ethics in their profession. Ethical practice and transparency helps building and reastoring public trust on the judicial system.
Educators in global literacy- many advocates serves as trainors and mentors in global legal rights and obligations. They even teach and guide legal practitioners, people, junior colleagues and even the government, especially in newly emerging legal aspects that need to be governed, such as environmental laws, cyber crime, humanitarian law, etc.
Legal mentors in a globalised economy- with the rise of a globalised economy, advocates are expected to guide their clients on international trade law, IPR, competition law and treaties signed by the countries. They plays a great role in balancing global risks and opportunities.
Intercultural practice- international collaboration between law firms, start-ups, businesses, and courts is increasing day by day; thus, advocates need to possess intercultural knowledge. Advocates not only apply foreign law but also social norms, legal cultures , and institutional practices of other jurisdictions in resolving international disputes.
International peacebuilding- in international disputes, they prepare arguments, fight the cases, mitigate disputes and restore institutional bonds between countries. Their in-depth legal knowledge and neutrality make them a perfect global mitigator.
CASE LAW ON INTERNATIONAL DISPUTE-
Case– arrest warrant of 11th April, 2000 ( democratic republic of Congo v Belgium)
Facts- On 11th April, 2000, a Belgian magistrate issued an international arrest warrant against Mr Yerodia. Mr Yerodia was the foreign minister of Congo when he was alleged. He was accused of crimes against humanity. It was said that he allegedly incited racial hatred among people through his speech to attack Tutsi residents in Rwanda, which led to massive killings. It was complained that he violated the conditions of the Geneva Convention of 1949. The arrest warrant was sent to the DRC government and Interpol, and Interpol in turn circulated the warrant to other states, including Congo.
Courts holding- the circulation of an arrest warrant was said to violate the international obligation og Belgium towards Congo. Mr Yerodia’s immunity was considered by the ICJ. [7]
CONCLUSION
in conclusion, the emphasis on an international perspective on legal education and the role of advocates highlights the growing demand for global standards. Legal education is the key to a great and competitive legal system worldwide. Advocates today are not only the defenders of justice, but they are also the heart of the legal framework globally. They are now the protectors of human rights, practitioners of ethical conduct and international traditions. Their evolving role demands adaptability, reforms and knowledge of transnational traditions. In this world of growing need for interactions, legal education and students trained with standard law are the main characters, who can effectively navigate legal complexity across borders while upholding the principle of justice, equity and good conscience. On the other hand, the number of fake law professionals is rising leaps and bounds. Thus, legal education must be standard, and the regulatory bodies should be more careful and scrutinise the necessary documents while enrolling an advocate.
REFERENCES-
- Christophe Jamin, The Internationalisation of Legal Education, Springer, 2016https://link.springer.com/book/10.1007/978-3-319-29125-3
- John Flood, Legal education in the global context, Legal Services Board https://www.legalservicesboard.org.uk/wp-content/media/International-legal-education.pdf
- Dr. Abdullah AI Farque, Legal Education System in the UK: An Overview, May 2, 2009https://www.clcbd.org/journal/9.html
- The red pen, study law in the US, 25th April, 2024 https://theredpen.in/blog/study-law-in-the-us-an-ultimate-guide-for-indian-students/
- Legal education in India https://www.barcouncilofindia.org/home
- Case– arrest warrant of 11th April, 2000 ( democratic republic of Congo v Belgium)https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e1249https://blog.finology.in/Legal-news/landmark-cases-international-law
Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or the materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is personal.
0 Comments