El Derecho internacional ante la globalización y su influencia en el perfil académico-profesional del jurista internacionalDirected by: María Pilar Canedo Arrillaga Co-advisor: Carlos Javier Moreiro González
University of Deusto
Since its emergence in the late 20th century, the phenomenon of globalization has led to a turning point in the development of the history of humanity. The effects of globalization have spread to all the spheres of society thus forcing unprecedented changes at various levels including without limitation, economic, social, cultural, political, educational, and legal. Among these transformations we find advances in Information and Communications Technologies, which along with the development of Internet led to a revolution in the functioning and governance of present day society.
Law has been affected by this phenomenon as well, with the increase on international transactions, causing a great part of the current legal conflicts to have an international component. As a tangible result of this research, we have found that the legal internationalisation is shown on the following topics: International trade and arbitration; family law on topics such as marriage, divorce, adoption or succession; labor and employment law due to the increased relocation of workers, off shore business and workers and management of labour conflicts arising out of the world crisis; criminal law, mostly because of the boom of this law
field as a mechanism for responding to the growth of internationalterrorism and crime internationalization. New legal fields like Investment Law in parallel with the International Arbitration of Investment, International Administrative Law and regulation arising from cooperation organizations.
In this sense, both private and public International Law has evolved because of globalization. This evolution, as this research intends to prove, is evident in the changes occurred in the international system per se, and in the subjects and sources thereof. In addition, this project establishes the characteristics of the 21st century International Law or modern International Law, together with the consensus and dissent regarding the future of this science.
All these changes occurred in the society and the Law also entail an evolution in professional profiles considering that the needs and requirements, which the professionals have to address, have varied as a result of these transformations. In addition, these changes that have occurred in general in all professions, have affected lawyers in particular inasmuch as the legal disputes have become international and they must be prepared to practise their profession in any place of the world and master or at least understand other countries' laws and be able to propose solutions by applying those laws.
In conclusion, new professional profiles require new skills to face the demands of today's society. As an example of the foregoing and the reaction to new social demands, the Bologna Process emerged in 2000 with the main purpose of educating 21st century graduates in the competences required to face the new needs of the society.
With the purpose of finding and offering an answer to the new reality to the society by way of this research, we will establish the academic-professional profiles of the global lawyer and international jurist of the 21st century, as well as the competences that define each.