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The Globalization of Legal Education in Switzerland: Possibilities and Challenges

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The Internationalisation of Legal Education

Part of the book series: Ius Comparatum - Global Studies in Comparative Law ((GSCL,volume 19))

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Abstract

The present chapter utilizes primary and secondary sources, statistical and other data from Swiss federal and Kantonal government agencies and universities, as well as information from public organizations, such as the Joint Swiss Rector’s Conference (Gemeinsame Rektorenkonferenz der schweizerischen Hochschulen, swissuniversities), which unifies the structure of joint university governance in light of the 2012 federal Act on the Support and Coordination of Swiss Colleges and Universities (Bundesgesetz über die Förderung der Hochschulen und die Koordination im schweizerischen Hochschulbereich (Hochschulförderungs- und -koordinationsgesetz, HFKG) of 30 September 2011) and will replace the Swiss University Rectors’ Conference (Rektorenkonferenz der Schweizer Universitäten, CRUS) as well as the parallel conferences of Swiss college rectors and Swiss teacher’s college rectors. In light of the limited published materials on the topic of internationalised legal education in Switzerland, the authors have decided to also incorporate in their findings the results of a small-scale research initiative linked to the present study, which in particular involves written questionnaires and, to a smaller extent, short semi-structured personal or phone interviews. The questionnaire and interviews do not fulfil the strict standards for empirical, quantitative research, and are not intended to have that quality. Instead, the authors wanted to gather first-hand information from relevant actors in Swiss legal academe, law school administration, legal practice, and the judiciary that is distinctly personal, informal, and of anecdotal, or qualitative ‘value’ only.

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Notes

  1. 1.

    This was disclosed in a private interview conducted by the authors with interviewee, Aebi-Müller, for the purposes of compiling this chapter.

  2. 2.

    As asserted in a private interview by the authors with an interviewee, Wyttenbach.

  3. 3.

    As asserted in a private interview by the authors with an interviewee, Jung.

  4. 4.

    As noted in a private interview by interviewee, Zech.

  5. 5.

    As noted in a private interview by interviewee, Jung.

  6. 6.

    Examples include Zoning and Planing Law and Insurance Law based on their local anchorage.

  7. 7.

    As noted in a private interview by interviewee, Schmid.

  8. 8.

    As noted in a private interview by interviewee Anthamatten from the cantonal court of Valais.

  9. 9.

    As noted in a private interview by interviewee Anthamatten from the cantonal court of Valais.

  10. 10.

    As asserted in a private interview by the authors with an interviewee, Girsberger.

  11. 11.

    As asserted in a private interview by the authors with an interviewee, Girsberger.

  12. 12.

    Among them Avenir Suisse and Chales-André Udry.

  13. 13.

    As asserted in a private interview by the authors with an interviewee, Zech.

  14. 14.

    As asserted in a private interview by the authors with an interviewee, Zech.

  15. 15.

    As asserted in a private interview by the authors with an interviewee, Wyttenbach.

  16. 16.

    As asserted in a private interview by the authors with an interviewee, Wyttenbach.

  17. 17.

    As asserted in a private interview by the authors with an interviewee, Zech.

  18. 18.

    See, e.g., BGE 112 II 220, a family law case with references to statutory and/or case-law in Italy and France; BGE 118 II 459, a trademark case, with references to Germany, France and Italy, and BGE 126 III 129, with references to Germany, Austria, France and Italy. Sometimes the limited references to European countries are justified in light of the issues, such as the question of the scope of a fair trial in social security matters, in BGE 137 V 210, at 261 et seq.

  19. 19.

    See, e.g., BGE 125 I 369, a landmark case concerning the status of ‘Scientology’ as a religious organization, with references to US jurisprudence in addition to such from Germany, Italy and Spain, and 147 f.) and the above-mentioned case BGE 126 III 129, at 147 et seq., with additional references inter alia to distant jurisdictions such as Japan, Singapore, Malaysia, New Zealand, Argentina, and Brazil. See generally Tschentscher (2007).

  20. 20.

    As asserted in a private interview by the authors with an interviewee, Norer.

  21. 21.

    As asserted in a private interview by the authors with an interviewee, Schmid.

  22. 22.

    The “Legal English” course at Bachelor level is closely connected to advanced course offerings at Masters level as part of the Transnational Legal Studies Program (TLS), namely “Anglo-American Legal Thinking” and “Advanced Lawyering Skills”. The sequence of classes is intended to provide international-minded students with course offerings that prepare them for English-language coursework as well as semesters spend abroad.

  23. 23.

    In Lucerne, for instance, the Chair of Comparative and Anglo-American Law by virtue of its design and team composition offers a number of courses that focus on US law, or comparative courses that prominently feature US case-law, as well as a specialization on comparative African law. See https://www.unilu.ch/fileadmin/fakultaeten/rf/0_Dekanat_RF/Lehrveranstaltungen_rf/Courses_in_english.pdf

  24. 24.

    See, e.g. the Transnational Legal Studies Program (TLS) at the University of Lucerne that generates a specialized diploma additional to the general MLaw degree for successful participants (Universität Luzern 2015b). See also the University of Zurich Master with special focus on Public International Law, Master UZH Öffentliches Recht (Universität Zürich 2015a). See additionally the Master of International Law of the University of St. Gallen (Universität St Gallen 2015a). The University of Basel also offers a Master of Law with a special focus on transnational studies, (https://ius.unibas.ch/studium/studiengaenge/masterstudiengaenge/). The University of Geneva will be offering a MLaw with a focus on transnational law as of 2014 (Université de Genève 2015a).

  25. 25.

    See, e.g., the LL.M. in International Humanitarian Law and Human Rights at Geneva (Geneva Academy 2015). See furthermore the Master of Advanced Studies, LL.M, of the University of Lausanne (University of Lausanne 2015a).

  26. 26.

    See, e.g. the University of Geneva’s Maîtrise universitaire en droit international et européen-Program (Université de Genève 2015b).

  27. 27.

    University of Lucerne Summer School, The Lucerne Academy (Universität Luzern 2015c) with a special focus on human rights, The Global TeNor School (European Academy of Legal Theory 2015a), focusing on text and normativity, the FHNW Summer School on International Business (University of Applied Sciences and Arts North-western Switzerland 2015).

  28. 28.

    The Grim Winter School, offering an intensive course on legal theory (European Academy of Legal Theory 2015b).

  29. 29.

    Examples of this include the Lucerne/Neuchatel Double Master Program (Universität Luzern 2015a), or the Zurich/Lausanne Double Master Program (University of Lausanne 2015b), as well as the EUCOR master of the University of Basel with the University of Strasbourg and the University of Freiburg im Breisgau, and the Double Master Basel/Geneva. (https://ius.unibas.ch/studium/studiengaenge/masterstudiengaenge/)

  30. 30.

    Joint Degree and Double Degree Programs of the University of Zurich with the University of Berkeley USA, the University of Hong Kong, the University of Maastricht, Kings College London, l’Université de Strasbourg and l’Université de Lausanne (Universität Zürich 2015b).

  31. 31.

    University of Lucerne has mobility agreements with 9 Swiss Universities, 88 ERASMUS Universities and 33 International Partnership Universities. The University of Zurich has mobility agreements with 8 Swiss Universities, 48 ERASMUS Universities and 11 specifically legal Partnership Universities, with general Partnership agreements having been signed with 36 Universities and the ISEP Network. Other Universities with extensive exchange programs include the Universität St Gallen (2015b), and Université de Genève (2015d).

  32. 32.

    Based on the latest mobility statistics issued by the mobility office, at the University of Lucerne, as the youngest and smallest law school in Switzerland, 320 students have participated in ERASMUS and 157 have attended partnership universities outside the ERASMUS network.

  33. 33.

    Most information in relation to mobility was obtained due to the gracious participation and aid of Mrs. Alice Imboden, Mobility Specialist at the University of Lucerne.

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Authors and Affiliations

  1. University of Lucerne, Lucerne, Switzerland

    Alexander H. E. Morawa & Julia Ruth-Maria Wetzel

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  1. Alexander H. E. Morawa
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  2. Julia Ruth-Maria Wetzel
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Correspondence to Alexander H. E. Morawa .

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Editors and Affiliations

  1. Law School, Sciences Po, Paris, France

    Christophe Jamin

  2. Faculty of Law, Bond University, Gold Coast, Queensland, Australia

    William van Caenegem

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Morawa, A.H.E., Wetzel, J.RM. (2016). The Globalization of Legal Education in Switzerland: Possibilities and Challenges. In: Jamin, C., van Caenegem, W. (eds) The Internationalisation of Legal Education. Ius Comparatum - Global Studies in Comparative Law, vol 19. Springer, Cham. https://doi.org/10.1007/978-3-319-29125-3_17

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  • DOI: https://doi.org/10.1007/978-3-319-29125-3_17

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