Pathways to International Law Careers

A career in international law is a name with many faces. There is no one-true path to achieve a successful career in the field of international law, and the number of paths are so varied that it often becomes difficult for newly admitted law students to navigate.  Here is some advice compiled by Jacyln Giffen from resource people at, in and around the CCIL and its conferences.

JACYLN GIFFEN

Introduction

A career in international law is a name with many faces. There is no one-true path to achieve a successful career in the field of international law, and the number of paths are so varied that it often becomes difficult for newly admitted law students to navigate. There are positions within International bodies and institutions, positions within the Government of Canada, such as the Department of Foreign Affairs and International Trade (DFAIT), or the Trade Law Bureau, there are Human Rights Organizations such as Human Rights Watch or Amnesty International, or private firms which have an international focus, such as the International Trade & Investment Group at Bennet Jones LLP or Blake, Cassels & Graydon.  This article aims at identifying some potential pathways to help you develop your career in international law and to highlight some particular pathways that some law students may be unaware of. Although there is no official way to develop your career within this field, there are without doubt careers within this field that will challenge your practice on a daily basis and keep your interest in this wide and continually developing area of law.

Part 1: Student Perspective on International Articles

As a law student with an interest in international law, it is often difficult when decision time arrives as to which summer jobs and articling positions to apply to after law school. The question becomes: to article nationally or internationally? Once embarking upon research to help make this decision, it becomes ever clear that paid positions within international organizations and institutions are hard to find. Additionally, in order to find subsequent paid work internationally, you often have to first complete internships, with are mostly unpaid or minimal stipends, which give you the introductory experiences needed within the specific organizations; generally for a term of 4-6 months. Thus, after second year, the option becomes to either find a paid summer job within the government or law firm and article there afterwards, or an UNPAID summer job, and potentially (or virtually) unpaid articling work internationally.

In order to create international articles, you must first apply to the Law Society which governs the Bar for your particular province or territory. The Law Society of Upper Canada, which governs Ontario, must first approve that your desired international internship can be applied for your articling term. The same guidelines for regular articles in Ontario apply: that it must be a 10 month total period. However, the difficulty in approval can arise by the requirement that you must be supervised by a lawyer who is an active member of a bar association. To work in international law, it is not a prerequisite to be called to the bar, and often many lawyers who were previously entered into the bar association previously, tend not to keep their bar ties once they begin to work internationally.

These factors make your decisions in creating your pathway to a legal career even more difficult and complicated. However, in a seminar given by a former law student at the University of Ottawa, advice was given on the topic of creating international articles. Firstly he recommended that you understand how the hiring process works within the body you are hoping to work for, be it the International Criminal Court (ICC), World Intellectual Property Office (WIPO), International Labour Office (ILO) or others. Once you know who is responsible for the hiring decisions within the specific division or area you are applying for, it helps to contact the human resources division directly. These institutions receive numerous applications, and sometimes simply applying for it is not enough. Secondly, he advised students to look at professors who are involved in international work. These persons are within your community and will have knowledge of people elsewhere who may be of assistance to you in your career aspirations. Once you figure out the hiring system, you can try to find someone to refer you to them, or they can send you to speak with someone who has referred you. By creating connections, you increase your network of contacts and help get your foot in the door. Additionally, he recommended phoning people, instead of emailing, as it is much more personal. He also recommended keeping a list of everyone who you are contacting and what you have said to them. This way, you are able to follow up with these contacts and provide them with the time you contacted them and what you were asking about. In relation, he recommended asking not about possible available positions, but rather simply requesting something he called an “information interview”. This, he explained, is merely an informal conversation with people who are working in fields you are interested in, in order to receive advice on who to contact next or get more advice about the firm or even how to make your application more competitive. Although they may not be hiring now, they may be in the future. Thus, he recommends contacting your new networks every 4-6 months in order to update them on your experience, awards, and progress. This follow up allows you to maintain your contacts and put you in a better position to find international positions.

Although there are many unpaid positions out there, he pointed to the International Labour Organization, World Trade Organization, and World Intellectual Property Office as a few examples of international organizations that do often grant paid internships, although the stipends given may not be very much money. He recommended looking for private funding or grants to assist you in completing these unpaid or modestly paid positions. As a student with legal training, you will have a leg up over those who do not have this experience. All international divisions do have a balance between law and policy aspects of their work; so in order to make yourself stand out from the crowd, emphasize how your legal experience can assist their organizations and the legal training you can provide them with. Obtaining a Masters of Law (LLM) at an international University is an additional way to make you more appealing to these international bodies.

International articles are not a requirement to get into a career in the international legal field. There are many positions within the Canadian government itself that involve international law on a daily basis. A couple of these career examples will be further reviewed next. 

Part 2: Office of the Judge Advocate General of the Canadian Forces

A career that involves daily interaction with international and domestic law is that of Legal Officer within the Office of the Judge Advocate General for the Canadian Forces (the “OJAG”). The Judge Advocate General performs unique statutory roles set out in the National Defence Act.[1] These are to superintend the administration of military justice within the Canadian Forces and serve as legal advisor to the Governor General, the Minister of National Defence, the Department of National Defence (DND) and the Canadian Forces (CF) in all matters relating to military law.[2]  “Military law” means: …all international and domestic law relating to the Canadian Forces, including its governance, administration and activities. Similarly, at section 2 of the Criminal Code of Canada, the definition of “military law” includes “all laws, regulations or orders relating to the Canadian Forces.”[3]

Section 9.1 of the National Defence Act summarizes the role of the Judge Advocate General in providing advice on matters of both international operations and domestic deployment of the Canadian forces. “The areas of military law advice for which the Judge Advocate General is directly responsible include, but are not limited to, international and operational law, criminal law and military justice policy, military training and education, grievances, boards of inquiry and summary investigations, elections law, compensation and benefits, military personnel law and the organization, command and control of the Canadian Forces.”[4] International and operational law has emerged as a fundamental area of military law advice, which encompasses the body of domestic and international law that applies to the conduct of all phases of a Canadian Forces (CF) operation, at all levels of command. This includes law relating to intelligence, information operations, international human rights law, international humanitarian law and weapons reviews.

Considering that this position encompasses all activities within the military forces, and includes matters that cross international boundaries and affect multiple jurisdictions, a student interested in a career in international law would be guaranteed to receive daily practice within this field when posted to an operational law position within the OJAG.  Specifically relating to operational law, this includes the application of international agreements. Work relating to this would include helping to ensure Canada remains compliant with its international obligations during military operations, in addition to assisting foreign governments with “rule of law” initiatives designed to help them develop institutions and legal procedures consistent with international law.  This job combines everyday legal work, potential court appearances before military tribunals (called Courts Martial), real-time advice to military commanders during the conduct of operations, and policy advice for the Canadian Government and MND.[5] If this is the type and combination of work you have dreamed of doing, then a position with OJAG may be right for you!

Once you have made this decision, how do you get there?  Each year, the OJAG typically advertises for one or more civilian articling students on the federal public service jobs website.  Applications for these articling positions follow the civilian HR staffing process, just as if you were applying for a public service position within National Defence.  These positions are based at JAG headquarters in Ottawa, allowing each student to gain exposure to military justice, administrative law, and operational law issues as they rotate through various directorates.  Throughout the 10 month articling period, students are supervised by a senior military lawyer, certified as an official articling principal by the Law Society of Upper Canada.  Given the fact that all lawyers working in the OJAG are military officers, however, there is no option for traditional “hire-back” at the end of the articling term.  If individuals are interested in pursuing a career as a CF legal officer following their period of articles with the OJAG, they would need to visit the local Canadian Forces Recruiting Centre and make an application to join the military as a Direct Entry Officer (DEO) applicant for the legal occupation.

The process to become a Regular Force (full-time) legal officer is a competitive one.  Each year the legal branch, like other military occupations, is only authorized to enrol a limited number of applicants.  This is meant to account for attrition, and/or achieve modest growth depending on the manning priorities of the Canadian Forces.  Recent years have seen an average of five (5) positions made available, but this will vary from one year to the next.  Applications submitted to recruiting centres are processed and screened on a rolling basis throughout the year, and interview/selection boards are typically held in the spring and fall (if required).   

Successful applicants who receive, and accept, an offer of enrolment in the Canadian Forces will then proceed to a 14-week basic training course -- known as Basic Military Officer Qualification (BMOQ) -- at the Canadian Forces Leadership and Recruit School in Saint-Jean-sur-Richelieu, Quebec. During this course, candidates cover topics including general military knowledge, principles of leadership, regulations and customs of the Canadian Forces, basic weapons handling, and first aid. As regular force officers, candidates will also be required to complete a rigorous physical fitness program. Included in the basic training will be training exercises to apply newly acquired military skills, such as force protection, field training, navigation and leadership. Successful completion of all components of the BMOQ is required in order to continue on the road to becoming a CF legal officer.  Following basic training, candidates may be assigned to second language training, depending on individual levels of proficiency.  Second language training can last anywhere from two to nine months.

Once this initial training period is completed, new legal officers join the Office of the JAG for their first posting.  This involves a period of “on the job training” in one of the legal directorates in Ottawa, or at one of the many regional legal offices located across Canada, during which all new members will be required to complete “Legal Officer Basic Training” (LOBT).  This is a series of training packages and courses intended to train new legal officers to a common standard in some of the key areas of military law for which the JAG is responsible.  Further training will follow throughout a legal officer’s career, including internal Canadian Forces courses, external legal courses (civilian and military, domestic and international), and the potential to be selected for a sponsored post-graduate legal education (LL.M.) as you progress within the legal branch.  This is a great opportunity for financial support in order to continue to higher levels of legal education while still maintaining active employment.

In terms of the working environment, as a legal officer you can expect to work in varied circumstances and locales. Legal officers typically serve for two to three years in a given position (called a “posting”), and may have the opportunity to advise on CF missions overseas (called a “deployment”), which typically last approximately six months.  For example, within the past decade alone, over one hundred legal officers have deployed in support of CF operations in countries such as Bosnia, Haiti, Sudan, the Democratic Republic of Congo, Afghanistan, and many others.  For those who love daily challenges and the promise of new and interesting responsibilities every few years, this offers a unique opportunity to practice in many different areas of the law and in different geographic locations.  While a military legal career may not be for everyone, a position as a Legal Officer within the Office of the Judge Advocate General for the Canadian Forces provides an opportunity to not just study, but to practice international law and other legal disciplines relevant to the military, in very high profile and demanding circumstances.  If this sounds interesting, it may be the ideal career path for the aspiring – or experienced – international lawyer.

Part 3: Foreign Service Officer

Within the Department of Foreign Affairs and International Trade Canada (DFAIT), there is a career without borders in the position of a Foreign Service Officer (FSO). Although one does not necessarily need a legal degree to be accepted as a FSO, it often helps for a successful application. This career is global in scale, and offers different international perspectives that increase your professional skills and help to expand your cultural perceptions. The job of a Foreign Service Officer is to defend and promote Canada’s interests abroad. Although it depends on the career track one chooses within the Canadian Foreign Service, the job can include activities like promoting foreign direct investment in and out of Canada, assisting in brokering peace agreements between disputing factions, and preparing memos for various Cabinet Ministers.

There are four career tracks that the Canadian Foreign Service is divided into: Trade Commissioners, Foreign Service Immigration Officers, Political/Economic Officers, and Management & Consular Affairs Officers. Only a bachelor’s degree is required, in addition to proficiency in both of Canada’s official languages. If you are not at the required level in both languages, DFAIT will provide up to 8 months training in order to get you at the required level once admitted. However, after 52 weeks of language training, if you are not proficient in both languages, you will not be offered employment. Additional languages are not required, but can improve your competitiveness in the selection process. General informal requirements that assist in completing the FSO job with competence are: strong interpersonal and leadership skills, an interest in and knowledge of world affairs, and some sort of experience in a client service job.[6]

The first step in the process is to apply to the program in DFAIT through the Post-Secondary Recruitment Service (PSRS) provided by the Government of Canada online, generally beginning and ending in early fall. The next step is to write the exam that is generally held at the beginning of October, although not held yearly.

There is no clear route to a job in the Foreign Service. Some FS Officers may have previous work in corporate jobs overseas, and some may come directly out of university. Therefore, it makes it difficult to decide when completing your legal degree at what point to apply, considering the fact that if you are not selected after your initial attempt then you must find some other position to do in the meantime while you wait for the next application period to be held. Some tips when thinking about applying to be a FSO were given by the representative of the Foreign Service Officer Association, Timothy Edwards. He gave some advice and recommendations for law students. First he advised students to write the exam a few times, as it in fact took him 3 times in order to pass it. However, the exam is not held every year; thus, when the exam is held, WRITE IT, even if you are not ready to start working. The process on average can take a year or more to get through, so whenever you get the opportunity to take part in the process you should do so. Secondly, considering you will not be able to gain admission to the bar without articling, and if this is important to you, then it is recommended that you complete your articling positions first before entering into the FSO. Nevertheless, the advice on writing the FSO exam regularly and as it is available still applies since you may not pass it the first time, and it is not an exam that is held yearly.

Conclusion

This article has reviewed international articles, and two of some of the most interesting careers within the international field in the Canadian Government, a Legal Officer and a Foreign Service Officer. The number of potential career paths in international law is so wide and varied, that this essay is only really a drop in the proverbial bucket. However, if international law excites you, use your legal skills of research and analysis to decide how to drive your path forwards to a career within international law that is right for you and for your future. This is the one life you have to live, so live it in the way that you have always dreamed of. If you do that, then no matter what path you create, a career in international law will be the end goal.

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[1] National Defence Act, R.S.C., 1985, c. N-5, s. 9.2(1).

[2] Ibid at s. 9.1.

 [3] JAG Annual Report, 2008-2009, at p.2 <http://www.forces.gc.ca/jag/publications/office-cabinet/annrep-rappann-08-09-eng.pdf>

[4] National Defence and the Canadian Forces. Canadian Military Law, Online: National Defence <http://www.forces.gc.ca/jag/law-droit/index-eng.asp>.

[5] Ibid.

[6] Trinity Western University. “Careers in the Foreign Service.” International Studies Department, Online: TWS <http://twu.ca/academics/fhss/international/careers-in-the-foreign-service.pdf>.