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Item Type:Journal Article
Title: The transnational lawyer: GATS, globalization and the effects on legal education
Author: Hutchinson, Terry
Abstract: The emerging transnational agenda has been evident generally in the Australian education sector in recent years, but none more so than in the tertiary legal education environment. Noteworthy factors have been the increasing number of deputations between Australian university law faculties and foreign university law schools including India, China and South East Asia, the increasing numbers of special relationship arrangements between Australian and overseas law schools, the importance placed on increasing the international student numbers at home, and more recently new legal education associations being established at an international level. However these aspects of the change are only the ''tip of the iceberg''. Economic forces from the agreements on international trade and in particular the trade in legal services are the drivers and they underpin these activities. The services sector is Australia fastest growing exporter.2 Exports in professional legal services increased fourfold in the 1990s.'' Technological advances and international harmonisation of law form the necessary context. This articlef irstly defines the terminology of this new post-industriale ra in law. What is transnationall aw and what exactly is a transnational lawyer? The article examines the various contextual issues and asks to what extent the changes are pre-determined by the meta-forces such as technology and globalisation. Next it attempts to assess the effects the General Agreement on Trade in Services and other bilateral agreements are having on Australian legal education. Finally, it questions how the law schools are preparing their students for this transition. After all, the twentieth century lawyer needs to have a good understanding of the transnational legal environment because international concerns and agreements in this century are pervasive and encompass virtually all branches of human activity- from the ocean floor to the planet " climate to outer space ''.'' This article argues that legal educators need to be more aware of the changes and be pro-active in changing to meet the challenges.
Volume 11
Issue 2
Pages 93-110
Publication International Journal of Law and Education
Date 2006-00-00 2006