Winter 1996

With increasing political and economic changes in the United States and around the world, opportunities for careers in international law are expanding. From U.S. trade negotiations with Mexico to refugee assistance in Ethiopia to prosecuting human rights abuses in Bosnia, international lawyers are on the scene. To get a clearer picture of what international lawyers do, some distinctions should be made.

Public Interest or Private Interest?

Most American public interest lawyers work for the U.S. government, the Untied Nations, or non-governmental organizations (NGOs). Several departments within the federal government rely on lawyers for projects concerning international trade, monetary policy, development assistance, and international relations. Examples of government agencies with legal departments that practice international law are the United States Agency for International Development, the Commerce Department, and the Department of Defense. The United Nations also offers substantial opportunities for international lawyers, mostly in peacekeeping and socioeconomic development. The Office of Legal Affairs is the UN’s own full-time legal staff. Within this office is the General Legal Division, which deals with problems between the UN and the host country and with internal problems and the Public International Law division which handles legal matters at the diplomatic level. A large number of NGOs also demand international attorneys. The work that the lawyers do, however, is often not legal work in a traditional sense. Instead, most strive for implementing grassroots policy change. Development, environmental, human rights, immigration, and refugee agencies are the ones that most often employ international lawyers.

The term "international corporate lawyer" is used within the private sector, but it has a much broader meaning than the American definition of "corporate practice." It includes the legal representation of not only corporations but also other private entities. International lawyers within the private sector are most often involved with issues concerning intellectual property rights, taxation, labor and employment law, distribution and sale of goods, financing transactions, mergers and acquisitions, and domestic and foreign regulations. They work for either private firs or for corporate "in-house" legal departments. in "out-bound" legal work, lawyers represent U.S. clients in foreign activities. Traditionally, the client base has been limited to multinational corporations and major financial institutions, but with the rise of international business, it now also includes small businesses and individuals. An international lawyer might, for instance, solve a dispute with a foreign government over negotiations for a joint business venture. The predominant type of international business law, however, is "inbound," the representation of foreign clients conducting business in the U.S. This division has grown dramatically since the foreign investment boom in the 1980s, and consequently, international lawyers have thrived.

What the Lawyers Say

International lawyers seem to find their jobs extremely interesting because of the variety of legal problems and work environments. Frank A. Orban III, International Counsel for Armstrong World Industries, Inc. says that being an international lawyer means being a "generalist." His work is different every day, ranging from trade contracts to environmental matter. He has practiced in private firms, in Europe and Africa, as a negotiator at the U.S>-Soviet nuclear arms talks, and currently as a member of an in-house corporate legal department. Orban compared the strengths and weaknesses of the different business environments. In private firms, lawyers must find clients but are usually detached from them. The pay, however, is outstanding, ranging from $250-500 per hour. In corporate legal departments, lawyers are integrated with their clients and work regular hours, albeit at a lower salary. Lawyers who work for the government are completely aligned with their clients and deal with public policy issues.

Paul Risko, a partner at Sidley and Austin, the seventh largest law firm in the U.S., practiced international corporate law in both the U.S. and Japan. He represented Japanese companies conducting business in the U.S., England, and Asia. He believes that the greatest rewards of being an international lawyer are the opportunities to "meet people from all over the world and see [their] business environments."

William Dunlap, Professor of Law at Quinnipiac College, has practiced law in private firm, handling matters relating to international banking transactions, litigation, and arbitration. He wrote briefs and researched contract law for the U.S.-Iran claims tribunal and drafted loan agreements on behalf of U.S. banks lending money to developing countries. He cited the complex nature of transnational problems as a reward of the career and mentioned overcoming "cultural differences" with clients as a challenge.

Joanne Mariner, Associate Counsel at Human Rights Watch in New York City, works on issues such as custodial sexual abuse of female prisoners and human rights abuses in Cuba. Her activities include field investigation, interviews with victims and government officials, and writing reports. Mariner also pointed out that being a female international lawyer has been an obstacle when dealing with countries where women are rarely in positions of power, but in the NGO community in the United States, women have a strong presence, and thus, she does not encounter a great deal of discrimination.

Harold Koh, Professor of Law at Yale Law School and Director of the Orville H. Schell, Jr. Center for International Human Rights, has considerable experience working as an international lawyer in the Justice Departments, as a NAFTA arbitrator and as an advisor to the Secretary of State. In addition, he has practiced public international law for nonprofit agencies such as Greenpeace and Human Rights Watch in cases against foreign governments. He cited "keeping up with what is happening around the world" and the "more complex enforcement mechanism" of international law as both challenges and rewards of practicing international law.

Few international lawyers neglect to mention the toll that travel takes on their family relations and personal health. Orban spends four to six months each year abroad. He said it is "physically demanding" and when he returns to the office, "a pile seven feet high" is waiting for him. Risko relocated to Japan with his family and mentioned that this was a very significant family decision. Dunlap summed up, "Travel can be a drag if you are married and have children."

Proper Preparation

While Yale undergraduates may think that it is too early to decide to pursue a career in international law when they have not even arrived at law school, several Yale students are, in fact, already planning on and preparing for work in this field.

Gabriella Gruder-Poni, a senior English major, is interested in career in international human rights law. Her interest was sparked when she took an international human rights course taught by Professor Ronald Slye. From this course and her subsequent internship at Human Rights Watch, she learned a great deal about the work of human rights lawyers. Matthew Funk, a junior Ethics, Politics and Economics major, is attracted to international human rights law because he feels a "moral responsibility to reduce or prevent the tremendous amount of suffering in the world." The international human rights course taught by international lawyer and professor Charles Norochi is helping Funk realize the many dimensions of human rights law.

The experience of law students can be very helpful for undergraduates considering a career in international law. Aaron Fellmeth, a third-year student at Yale Law School who is also a candidate for a Master’s in International Relations, believes that knowledge of politics, economics, and world history is essential for a career in international lawyer. For him, the exciting prospect about the career is the "satisfaction that you can have an effect on foreign policy." He plans to practice trade and investment law with a private firm. Alice Davenport, also a third-year Yale Law student and Executive Editor of the Yale Journal of International Law, said that she would like to work in public international law although "options there are very limited... unless you want to forge your own career path."

Professors at Yale Law School also offer suggestions on how best to prepare for a career in international law. "A good international lawyer is foremost a good lawyer," commented Professor Michael Reisman. one cannot only study international law, he added, because international law, in fact, contains domestic, foreign, and international components. Therefore, one cannot be a mediocre domestic lawyer and a great international lawyer. Professor Paul Kahn added, "International law is not a course anymore, it’s a curriculum."

Knowledge of one or more foreign languages is a very helpful asset. Speaking the language of one’s client makes personal interaction possible. American lawyers rarely write business or legal documents in foreign languages, however; this task is reserved for foreign lawyers trained in the particular language. Moreover, international business is usually conducted in English.

For those students interested in human rights law, Professor Koh suggests doing as much human rights work as possible. He commented that, although most people believe that one person cannot do much to make a difference in this world, such people as Nelson Mandela and Yitzhak Rabin disprove this popular belief.

Job Prospects

As stated in the 1994 Handbook on Public International Work, "The search for international legal opportunities can be elusive and the path to a position circuitous." While this statement may hold true in the public interest sector, it does not necessarily apply to all areas of international law. For those who are interested in public interest work, a combination of persistence, resourcefulness, timing, and most importantly, contacts is essential.

Harriet Robinson, Associate Director of the Career Development Office at Yale Law School, said that because of the extremely limited funding in the public interest sector, it is very hard to find a job. She added that it is particularly difficult for Americans to work for organizations such as the World Bank and the U.N. because of hiring policies. Even in-house corporate law positions are often difficult to obtain immediately after graduation from law school because firms usually hire "laterally from attorneys who have represented them in the past in order to reduce training."

Although there is an increasing number of prospective international lawyers, there is also an increasing number of international legal problems that must be addressed. With the shrinking of the global economy and the great need to address the many injustices around the world, the field of international law can be not only an exciting and lucrative career move, but a worthwhile and impacting one as well.

Ms. Reznik, SM'97, is an economics and international studies major at Yale College.