That pursuit is an unpredictable exercise at best. The student is best advised to concentrate on the fundamentals during college and law school and to explore options in international law when seeking employment. The key is to maintain flexibility, avoid irreversible commitments and keep an open mind.
"International law" is a term used by different people to mean very different things. As used in this essay it embraces four distinct areas:
- Public international law (the rules governing relations between nations);
- Transnational law (the laws of nations governing international transactions such as international trade and investment);
- Foreign and comparative law (the laws of a particular country, for example, France or China, and the comparative study of how a particular area of law is dealt with in different countries);
- Conflict of laws (the rules of a particular country, for example the U.S., determining which country's law should apply to a transaction when key elements cover more than one jurisdiction).
International lawyers in private practice are normally concerned not with public international law but with transnational law, foreign law and conflict of laws. Typically they represent foreigners investing in the U.S. (where American law will be applied) or Americans investing in a foreign country (where that country's laws will apply). American lawyers who describe themselves as "international lawyers" actually practice a great deal of American law and typically work closely with local counsel overseas to facilitate their clients' foreign business. Usually the international lawyer is concerned with the laws of the particular jurisdiction where his or her client is active and the conflicts that may exist between different systems of law.
Keep in mind that:
- International lawyers do not emerge from a single mold. There is no upbringing, course curriculum, particular college or law school or intellectual type that defines the makings of an international lawyer.
- An intrinsic interest in other cultures and peoples and in world affairs is essential. If one is not interested in problems and issues that have transnational impact, then international law may not be the right career.
- As with most careers, international law is what you make of it. It is not a tidy, well-defined career that one typically starts practicing the first day on the job. It is a career that usually takes years to nurture and gain expertise in. Some luck is involved in terms of being in the right place at the right time. A lawyer can work for years on domestic law matters without seeing a single international case or project. Then, suddenly, the expertise he or she has developed practicing domestic law becomes invaluable to a client involved in an international project. Within weeks or months, that lawyer is practicing international law full-time.
It is a said bet that most practicing international lawyers had little inkling when they were applying to law school that their careers would veer toward international law. In fact, a large percentage of lawyers do not settle on a particular legal career until they have practiced law for several years. The first hurdle for the college student is simply getting into law school.
Although an individual may enter law school with a degree in any discipline, common degrees are English, political science, economics and history. Some law-school admissions officers take more interest in an individual who has earned a rigorous academic degree in such fields as physics, chemistry, Greek classics, philosophy, foreign languages, engineering or mathematics. One of my college roommates graduated summa cum laude in physics from Harvard and went on to Yale Law School. One of the nation's foremost constitutional law professors, Laurence Tribe of Harvard Law School, has a doctorate in mathematics.
More important than the discipline that one studies in college are the skills that one develops in the study of that discipline, including the ability to pinpoint the main issues of and analyze problems, to write clearly and succinctly, to speak articulately and to work hard and diligently. An interesting mix in college would be a major in mathematics, a minor in English and extracurricular work as a reporter on the school newspaper. Throw in a little debating or a rhetoric class and you might have the beginnings of a lawyer.
Law-school admissions officers typically look, first, for a high grade point average and, second, at performance on the Law School Admissions Test, which is critical. LSAT scores assist in weeding out the "less qualified." A college student is strongly advised to take a preparatory course for the LSAT in order to become familiar with the types of questions that will be asked, the strategy to be employed in taking the exam and how to get into the right frame of mind for it. Admissions officers also consider the candidate's degree and extracurricular activities, which includes anything from sports to debating society to student council. Most officers look for individuals who can express themselves, who can work with other people and who are not afraid to get involved. Law school and the practice of law are "participatory" exercises, and students are expected to "speak up." Fifth, work experience can be relevant but is not too important, unless the student has worked for a year or more before applying to law school.
