International Law

International Law

International law includes public international law and private international law. Public international law has to do with disputes between or among nations, whereas private international law has to do with disputes between or among people or businesses where the law of more than one nation may apply. Public international law is often derived from treaties between nations. Also, public international law might, “employ principles present in international conventions, customs of the disputing nations, generally accepted community norms, principles of law recognized by civilized nations, and judicial philosophies or theories of jurisprudence in addressing conflicts between nations” (The Business Professor).

Many other areas of law use international law when resolving disputes because trade is becoming increasingly global and trade between nations falls under international law. The main sources of international law are treaties, international customs, and general principles of law. Scholarly writings may also inform and shape international law over time.

Education and Background:

If you want to become an international lawyer, you should be the best of the best. Choose a law school that is known for its international law program and take as many classes in international law as you can.

The Office of the Legal Advisor in the U.S. Department of State offers internships and externships each year. These are highly competitive but well worth applying for.

The World Bank also offers legal internships for law students.

A master’s degree in International Affairs is highly recommended, as is knowledge of foreign languages and previous overseas experience.

If your law school has an ISLA Chapter,  you may want to participate in the Philip C. Jessup International Law Moot Court Competition.

Getting a job:

Private law firms often handle international business transactions. Though most of these firms are located in New York City or D.C., it is possible to find them in other cities.

The U.S. Department of State Office of the Legal Advisor gives advice on international legal issues. The duties of a lawyer there include, “assisting Department principals and policy officers in formulating and implementing the foreign policies of the U.S., and promoting the adherence to, and development of, international law and its institutions as a fundamental element of those policies” (U.S. Department of State).  Note that while most of the Office’s attorneys are based in Washington, they all travel frequently overseas. There are about 200 attorneys working in this office. Only about 13 to 15 of the nearly 1,000 applicants each year are hired. For more information about employment, see this page.

Corporations also hire lawyers who are well-versed in international law. Sometimes, lawyers who specialize in other areas and work for corporations can even “fall into” international law later in life. As corporations increase global trade, their need for in-house international lawyers to advise them about such trade will grow.

Finally, there are a wide variety of other organizations and non-profits that employ international lawyers. Some of the places that employ international lawyers include:

• The United Nations Legal Counsel’s Office
• The World Bank
• International Monetary Fund
• Amnesty International USA

Average salary:

Those working in the private sector will make more than those working for the government. Entry-level international attorneys only made about $68,000 per year in 2011, but experience and location make a huge difference (Cohen). Experienced attorneys in the D.C. area make over $150,000 (Cohen).

Would you like this practice area?

If you love to travel, this might be the area of law for you.  You should enjoy learning new languages and learning about different cultures. You also must have patience, since you might be working on lengthy cases. You should have strong negotiating skills and be good at interpreting the true meaning of an agreement, since words have different meanings in different languages.

Consider whether these articles interest you:

Jair Bolsonaro wants to deforest the Amazon – what powers does the UN have to stop him? (Schnaider)

“Deforestation of the Amazon rainforest in Brazil is at its highest rate in a decade, according to new satellite data. This comes after president Jair Bolsonaro has loosened environmental regulations, cut enforcement budgets, and supported further development in the region. Trees absorb carbon dioxide naturally, and are one of best tools we have to help stave off climate catastrophe – and the Amazon itself is a crucial carbon sink. This means responding to deforestation in Brazil has become a matter of international responsibility.” Read more

The world is uniting for international law, against US empire (Flowers and Zeese)

““We oppose the extraterritorial application of unilateral measures.“ That is not Cuba, Nicaragua, Iran, Russia, or China talking about the most recent unilateral coercive measures imposed by the United States against Venezuela, i.e. economic sanctions that have become an economic blockade, but the European Union. Even allies who have embarrassed themselves by recognizing the phony “interim president” Juan Guaido are saying the US has gone too far.” Read more

The Principle of Saving Lives at Sea: Just A Fool’s Hope (Papachristodoulou)

“The principle of saving the lives of those in distress at sea is not only a long-standing and fundamental tradition of seafaring, but also incorporated as a legal duty of the search and rescue (‘SAR’) system under international law. Yet, the complex character of the phenomenon of mixed migration by sea exposed the fragmentation of international law whereby the imperative of saving lives at sea is undergoing systematic obstruction in the Mediterranean Sea.” Read more

Conclusion:

International law is extremely competitive, but if you have a passion for travel and are up for a challenge, this might be the area of law for you.

Legal Aid/Pro Bono

The right to a fair trial is an indispensable part of our justice system. Legal aid, a form of funding for those who can’t afford their own lawyers, helps ensure that everyone has access to our justice system no matter how rich or poor. In recent news, Trump has been trying to cut the Legal Services Corporation (LSC), a nonprofit funded by Congress.

Pro bono, on the other hand, is where lawyers volunteer to help those who cannot afford to pay for lawyers. Lawyer’s time is not funded like it is for legal aid. Pro bono is done out of a desire to do good and is also a way to bring attention and other business to a firm. Pro bono is a method of practicing other legal practice areas without charging a client; it is not a practice area itself.

If you think you are interested in working in legal services/legal aid, check out this guide published by Harvard.

Mergers & Acquisitions

Mergers & Acquisitions Law (M&A Law) is one of the main branches of corporate law. It is so important that many lawyers focus just on this sub-area. When a company purchases another company or merges with another company, there are many legal issues to address. Some famous mergers and acquisitions include Exxon and Mobil, Disney and Pixar, Sirius and XM Radio, Amazon’s purchase of Whole Foods, and Coach’s purchase of Kate Spade.

There are five common types of business mergers:

• Conglomerate: the two companies have nothing in common in terms of their business activities
• Horizontal: two companies that are in the same industry (combine to increase market share of the industry)
• Market extension: two companies produce the same products but have separate markets
• Product extension: two companies have related products and the same market
• Vertical: two companies produce different goods but both goods go towards one finished product (the companies operate in the same supply chain)

Mergers are when companies combine as equals; mergers happen on friendly terms and come together with a new name. Acquisitions tend to be more common since most companies are “absorbing” another company.

An M&A lawyer may work in-house, but more likely works for a law firm. The lawyer acts as a point of contact for everyone involved in the deal. M&A lawyers draft documents, structure the transition, conduct legal due diligence, provide advice, and more. Day-to-day work may vary depending on whether you are representing the buyer or the seller. No two deals are the same, so you will have varied work. Also, you will learn a lot about a variety of industries as an M&A lawyer. The deals that you help conduct will likely make headlines, which can be a very rewarding experience.

Education and Background:

“Business-oriented” people are those most likely to understand the intricacies involved in adding value to a company. Truly understanding the business needs of companies is essential. Thus, a background in a business benefits you if you want to become an M&A lawyer.

In addition to business knowledge, a strong writing background helps with M&A law since you will be drafting agreements.

Much of your education will occur “on-the-job” for M&A work. For your first few years, you will likely be assisting more experienced lawyers with M&A work so that you “learn as you go.”

Getting a job:

Because big companies are often involved in mergers and acquisitions, M&A lawyers tend to work for large, established and respected law firms. However, it is possible to work as a solo practitioner or for a smaller firm, especially if you practice business law more generally and M&A is just one of your focus areas. As in-house counsel for a company you may also deal with mergers and acquisitions.

Average salary:

M&A law is a very profitable area. The average salary is $175,000; entry level attorneys make about $100,000 and experienced M&A lawyers may make $250,000 per year (Neuvoo).

Would you like this practice area?

You need to be extremely business savvy and know what your client is looking for in a deal. You also need to be able to negotiate with the other side to ensure that both parties are satisfied with an agreement. If you have a lot of patience, this area of law might be good for you – M&A lawyers spend months working hard on small details in order to have a brief moment of celebration when a deal gets closed. You need to be able to understand the unique problems relevant to each deal and be a creative problem solver because no two transactions are alike. It is also important to be extremely organized because you must coordinate transaction efforts and present information to the client in an easy to understand way so that the client can make important decisions in an informed manner. You need to be able to see the big picture and stay focused on “why does this matter to my client?”

Consider whether these articles interest you:

The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and Opportunities (Markow and Mcthenia)

“Like poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.” Read more

M&A Disclosure – Annotated Form 8-K (Lopez)

“Public companies that participate in M&A transactions are subject to a myriad of potential disclosure obligations throughout the transaction process.  These may arise under applicable stock exchange listing rules, federal securities laws, state fiduciary duty and proxy requirements as well as antitrust law and other regulatory regimes. The federal securities laws alone may require various disclosures through an astonishingly long list of possible forms, schedules and registration statements, including, among others, Form 8-K, Form 10-K, Form 10-Q, Schedule 14A, Schedule 14C, Schedule TO, Schedule 14D-9, Schedule 13D, Schedule 13G, Schedule 13E-3, Form 3, Form 4, Form 5, Form S-1, Form S-3, Form S-4 and, of course, several types of prospectuses.” Read more

Anatomy of an Asset Purchase Agreement (Lopez)

“Like the classic game Operation,® asset purchase transactions require parties to take great care in extracting just what they want. However, successful asset sales require quite a bit more than a pair of tweezers and steady hands. Among other things, they require a well-crafted Asset Purchase Agreement (APA). These agreements, at their most basic level, provide for the sale of tangible and intangible assets and liabilities of a seller to a buyer in return for cash or some other form of consideration (i.e., something of value). However, M&A transactions are anything but basic. They’re riddled with substantial risk and potential rewards for both parties, and APAs often become even more complex than Stock Purchase Agreements (SPAs), which govern stock sales, as asset purchase transactions lack the relative simplicity afforded by a transfer of all of the shares of a distinct legal entity.” Read more

Conclusion:

M&A lawyers get to work on some of the biggest, high-profile company transactions in existence. If you love business as a career in addition to law, and you want to add value to a company, M&A law might be for you.