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The Internationalisation of Legal Education

The Future Practice of Law

9781783474530 Edward Elgar Publishing

Edited by William van Caenegem, Professor of Law and Mary Hiscock, Emeritus Professor of Law, Bond University, Australia

Publication Date: 2014 ISBN: 978 1 78347 453 0 Extent: 336 pp

The legal academy is responding in many varied ways to the challenge of producing lawyers adequately prepared to operate in a global environment. There is a renewed focus on lawyering skills, on core principles, on cultural context and on comparative research and study. This work advances the discussion of these issues while developing solid solutions and approaches to teaching law students destined for the future practice of law.

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Critical Acclaim

Contributors

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For graduate lawyers to succeed in a global environment, legal education in every system must undergo revolutionary change. Professors van Caenegem and Hiscock explore in detail the new initiatives that are emerging as a response to this development and the reaction from the profession to these changes.

Divided into five sections, the expert contributors of this book provide different perspectives on legal education in an ever-growing industry:

• Dealing with the different national philosophies of legal education
• Ignoring the civil law and common law divide – a brave new world
• Evolving initiatives in legal education for global practice
• International practice − attorneys’ insights
• Litigation and arbitration – international advocacy across borders

This book will be useful to scholars and practitioners alike who are charged with teaching law students and preparing them for the demands of practice.

Critical Acclaim

‘This is a wonderful collection of essays. The present volume contains rich articles and conveys creative and substantive ideas and information on the internationalization of law and legal education and legal practice. A timely book which will serve academics, legal professionals and policy and law makers alike in their search to keep legal education and the legal professions up to date to international and transnational legal and societal developments.’
– Aalt Willem Heringa, Maastricht University, the Netherlands

‘Professors Hiscock and van Caenegem have drawn together an impressive group of international experts in legal education to take the reader on a fascinating journey. It ranges from the historical origins of different families of law, through the development of the institutions that support increasing connection across borders – to anticipation of where the practice of law is heading, driven by the forces of global interconnectedness. This volume will help shape the internationalisation of legal education.’
– Duncan Bentley, Deputy Vice-Chancellor, Victoria University, Australia.

‘This is a fascinating collection of essays on how the world of legal education is responding to the globalisation challenge. It deserves a place on the shelf of every legal academic and practitioner with a serious interest in legal education. The utility of the book is enhanced by the fact that it is written from a variety of different and critical perspectives. It comes highly recommended.’
– Gerard McCormack, School of Law, University of Leeds, UK

‘The Internationalisation of Legal Education: The Future Practice of Law provides substantial information around the topic, with an interesting and diverse range of material for reflection, discussion, and planning in legal education. The book is well planned and easy to ready. It is organised so that any one chapter can be read in any order relevant to the reader.’
– Kristoffer Greaves, Alternative Law Journal

Contributors

Contributors: J. Basedow, L. Boo, L. Boulle, S. Chesterman, M. Coper, Justice J. Douglas, M. Hiscock, D.X. Hop, C.-F. Lo, V.I. Lo, D. O’Donovan, A. Petridis, R. Russell, S. Steele, G. Triggs, W. van Caenegem, B. Wolski

Contents

Contents:

Preface
William van Caenegem and Mary Hiscock

1. Breeding Lawyers for the Global Village - the Internationalisation of Law and Legal Education
Jürgen Basedow

PART I: DEALING WITH THE DIFFERENT NATIONAL PHILOSOPHIES OF LEGAL EDUCATION
2. Internationalisation and Different National Philosophies of Legal Education: Convergence, Divergence and Contestability
Michael Coper

3. Isolationism, Democratisation and Globalisation – Legal Education in a Developing Country
Laurence Boulle

4. Continuing the Internationalisation Debate: Philosophies of Legal Education, Issues in Curriculum Design and Lessons from Skills Integration
Bobette Wolski

5. Japanese Legal Education Reform: A Lost Opportunity to End the Cult(ure) of the National Bar Examination and Internationalise Curricula?
Stacey Steele and Anesti Petridis

6. Legal Education in the Era of Glocalisation: What Makes for Market Failure?
Darren O’Donovan

PART II: IGNORING THE CIVIL LAW AND COMMON LAW DIVIDE – A BRAVE NEW WORLD
7. Ignoring the Civil Law/common Law Divide in an Integrated Legal World
William van Caenegem

8. Teaching Comparative Law in the ‘Asian Century’
Vai Io Lo

PART III: EVOLVING INITIATIVES IN LEGAL EDUCATION FOR GLOBAL PRACTICE
9. Doctrine, Perspectives and Skills for Global Practice
Simon Chesterman

10. Legal Education in a Globalised World: Micro/macro Reforms and International Outsourcing for Developing Countries
Chang-fa Lo

11. The Internationalisation of Legal Education: An Opportunity for Human Rights?
Gillian Triggs

PART IV: INTERNATIONAL PRACTICE: ATTORNEYS’ INSIGHTS
12. If Only I Knew then What I need to Know Now – Lessons from the Future
Rowan Russell

13. Preparing Law Students for an International Legal Practice through Law School Tutorials
Dang Xuan Hop

PART V: LITIGATION AND ARBITRATION – INTERNATIONAL ADVOCACY ACROSS BORDERS
14. Does Cross-examination Translate?
James Douglas

15. Advocacy before an International Arbitral Tribunal
Lawrence Boo

16. Conclusion
William van Caenegem and Mary Hiscock

Index