As a lawyer and as a former lecturer, I welcome this opportunity to speak directly with the men and women who will influence the present and future of the evolution of law around the world.
Ladies and gentlemen, law is changing. These three words must remain uppermost in your minds in your daily practice if you are to succeed in your profession and achieve in the global legal fraternity.
As students of the NYU LLM programme, you will by now have heard and experienced, in its myriad forms – globalisation.
“We are part of a global village”... “We are all connected” … “Think locally, act globally” are just some of the inventive ways you may have heard academic leaders and opinion makers refer to the fact that we as citizens of different countries are now neighbours in a global village brought together by politics, business, employment, inter-country relations, education and technology.
It is entirely possible that having heard so many references to this fact, the essence of its importance has been dulled, especially as you diverted your energy and focus to completing your LLM studies. Today, however, I ask that you bring this concept back to the forefront of your mind, and for this moment, place yourself at the centre of globalisation.
The gradual fading of the elements that have kept nations separate have slowly shifted to a new paradigm. It is now an unrelenting reality that we must either work and achieve together, or each face separately, the risks of inertia and collapse.
Ladies and gentlemen, law is changing. These three words must remain uppermost in your minds in your daily practice if you are to succeed in your profession and achieve in the global legal fraternity.
As students of the NYU LLM programme, you will by now have heard and experienced, in its myriad forms – globalisation.
“We are part of a global village”... “We are all connected” … “Think locally, act globally” are just some of the inventive ways you may have heard academic leaders and opinion makers refer to the fact that we as citizens of different countries are now neighbours in a global village brought together by politics, business, employment, inter-country relations, education and technology.
It is entirely possible that having heard so many references to this fact, the essence of its importance has been dulled, especially as you diverted your energy and focus to completing your LLM studies. Today, however, I ask that you bring this concept back to the forefront of your mind, and for this moment, place yourself at the centre of globalisation.
The gradual fading of the elements that have kept nations separate have slowly shifted to a new paradigm. It is now an unrelenting reality that we must either work and achieve together, or each face separately, the risks of inertia and collapse.
Having attained your Master of Laws degrees, your view of the law and the global network of the legal fraternity may have undergone immense change, an evolution and growth, and your world view in the context of law has expanded.
For this to have happened, it shows that you have appreciated the imperatives that now face you. The legal profession has, with the gradual integration of nations, experienced sweeping changes and throughout the world, the laws that defined our differences are becoming intertwined to reflect our shared values and common objectives.
A total appreciation of the almost revolutionary changes that instil great meaning in those three words – law is changing - is best derived by looking back for a moment at the historical basis and context.
The origins of the Law and the traditions we hold sacred today finds its roots in the shared Colonial heritage of some of our nations. In Trinidad and Tobago, we refer a great deal to the United Kingdom for legal precedence. In the past, the landscape of law was different; it encompassed mainly those in your immediate environment and historic inheritance – the judge, your local lawyers, your local courts and parent-colonial courts. But, today, lawyers increasingly need to operate in the context of a plurality of jurisdictions and legal sources that are no longer confined to the history of the nation.
The global paradigm shift therefore requires a different type of lawyer. Lawyers of today need to be at ease operating in multiple jurisdictions and be adept with different legal sources. Lawyers of today are practicing in a world where economic and social integration have already had a significant impact on the multinational character of the cases in which they assist.
While the traditional lawyer would have been trained exclusively in a particular domestic legal system, the legal problems today’s lawyers must be prepared to face increasingly transcend national boundaries and jurisdictions and involve more than one legal system.
For this to have happened, it shows that you have appreciated the imperatives that now face you. The legal profession has, with the gradual integration of nations, experienced sweeping changes and throughout the world, the laws that defined our differences are becoming intertwined to reflect our shared values and common objectives.
A total appreciation of the almost revolutionary changes that instil great meaning in those three words – law is changing - is best derived by looking back for a moment at the historical basis and context.
The origins of the Law and the traditions we hold sacred today finds its roots in the shared Colonial heritage of some of our nations. In Trinidad and Tobago, we refer a great deal to the United Kingdom for legal precedence. In the past, the landscape of law was different; it encompassed mainly those in your immediate environment and historic inheritance – the judge, your local lawyers, your local courts and parent-colonial courts. But, today, lawyers increasingly need to operate in the context of a plurality of jurisdictions and legal sources that are no longer confined to the history of the nation.
The global paradigm shift therefore requires a different type of lawyer. Lawyers of today need to be at ease operating in multiple jurisdictions and be adept with different legal sources. Lawyers of today are practicing in a world where economic and social integration have already had a significant impact on the multinational character of the cases in which they assist.
While the traditional lawyer would have been trained exclusively in a particular domestic legal system, the legal problems today’s lawyers must be prepared to face increasingly transcend national boundaries and jurisdictions and involve more than one legal system.
Your job, therefore, is to be able to meet the challenges of the pluralism of legal sources and jurisdictions that exist today. The world is becoming more interdependent. Nations are seeking to expand their relations and strengthen social and economic ties with each other because of the simple principles of strength in numbers and shared objectives.
Even here at the New York University, I am certain you would have observed, and now quite likely cherish your own experiences with globalisation, having formed strong relationships with persons from different countries, cultures and backgrounds.
Even here at the New York University, I am certain you would have observed, and now quite likely cherish your own experiences with globalisation, having formed strong relationships with persons from different countries, cultures and backgrounds.
Such diversity and pluralism is in vast contrast to my days as a law student. Over the years, the new paradigm gradually came in and this graduating class is a clear example of how globalisation has positively impacted each of us on a personal level.
Your exposure will offer you great advantages as your peers return to their home countries.
Cross-border disputes and transactions are now the norm rather than the exception and this therefore requires lawyers to work with other lawyers from different jurisdictions. The networks you have forged during your time here are NYU will undoubtedly prove invaluable in this regard as you continue to shape your careers. In fact, the networks you have forged will consolidate the growing sense you have of being unhindered by borders and physical location.
Indeed you have recognised that globalisation will offer you the opportunity to not only see what others in the world are doing and saying as regards law and legal frameworks, but also bring you closer to actively engaging those frameworks, participating in them and perhaps even assisting in shaping them.
Indeed you have recognised that globalisation will offer you the opportunity to not only see what others in the world are doing and saying as regards law and legal frameworks, but also bring you closer to actively engaging those frameworks, participating in them and perhaps even assisting in shaping them.
If we were to pitch our minds a little wider, we will find that already, globalisation has had a significant impact on the legal landscape. The Law has become an even more dynamic field and the growing trends will give some idea of the direction we are going.
Greater emphasis is being placed on transnational fields such as public international law, regional law, international trade and finance and environmental law. Parallel to this growth in established worldwide fields is the emergence of others such as internet law, procurement and transnational justice.
Greater emphasis is being placed on transnational fields such as public international law, regional law, international trade and finance and environmental law. Parallel to this growth in established worldwide fields is the emergence of others such as internet law, procurement and transnational justice.
One of the most tangible expressions of how the law has changed and grown came following the global financial crisis in 2008. This was estimated as the worst crisis to hit the global financial system since World War II and brought about a deep need to comprehensively review the laws governing financial institutions and banking, online transactions, trade and investment, immigration and employment. Because of the very deep, wide and enduring impact of the global financial crisis, we have also seen greater prominence given to international economic and financial law.
We have also seen considerable changes in the approach to law which had previously been perceived as domestic, such as contract law, criminal law, family law, intellectual property, and labour law. You may also consider such international organisations as the United Nations that focus on the Rights of a Child or the World Intellectual Property Organisation to find evidence of the changing law environment.
Here within the United States, you will have noted the complex arrangement of laws and their applications across the different States. Similarly, the United Kingdom’s legal framework is hinged to a small extent on European Community Law, particularly in the area of Human Rights.
Similar conditions exist in the Republic of Trinidad and Tobago, where we have seen criminal cases, constitutional cases and human rights cases being guided by precedence in the United Kingdom, and at times adjudicated upon by the Privy Council.
We have also seen considerable changes in the approach to law which had previously been perceived as domestic, such as contract law, criminal law, family law, intellectual property, and labour law. You may also consider such international organisations as the United Nations that focus on the Rights of a Child or the World Intellectual Property Organisation to find evidence of the changing law environment.
Here within the United States, you will have noted the complex arrangement of laws and their applications across the different States. Similarly, the United Kingdom’s legal framework is hinged to a small extent on European Community Law, particularly in the area of Human Rights.
Similar conditions exist in the Republic of Trinidad and Tobago, where we have seen criminal cases, constitutional cases and human rights cases being guided by precedence in the United Kingdom, and at times adjudicated upon by the Privy Council.
Indeed you may have been reading of the recent developments in my country, where debate is ongoing on our intention to move away from the colonial shadows that still lay over our courts. We wish to move away from the Privy Council as being our final court of appeal in criminal proceedings to the Caribbean Court of Justice.
This therefore introduces a new perspective on globalisation. While we may believe it means only that we should conform in order to contribute to the legal world stage, it may at times mean that we should consolidate first, and then seek to integrate and cooperate on the basis of law.
I believe in order to meaningfully contribute to all the different areas of law that globalisation has affected, we need to be innovative in structuring and reforming ourselves first. At times, this may mean “going against the grain”, knowing that your contribution may have significant but meaningful impact.
The reason I bring up this example of the Caribbean Court of Justice, is because I want show you how important it is to re-consider the law from a different perspective having been exposed to it through your interactions here at NYU and New York.
This therefore introduces a new perspective on globalisation. While we may believe it means only that we should conform in order to contribute to the legal world stage, it may at times mean that we should consolidate first, and then seek to integrate and cooperate on the basis of law.
I believe in order to meaningfully contribute to all the different areas of law that globalisation has affected, we need to be innovative in structuring and reforming ourselves first. At times, this may mean “going against the grain”, knowing that your contribution may have significant but meaningful impact.
The reason I bring up this example of the Caribbean Court of Justice, is because I want show you how important it is to re-consider the law from a different perspective having been exposed to it through your interactions here at NYU and New York.
While the Privy Council has served the people of Trinidad and Tobago well, it is time that we move towards a system that is just as capable, but one that simultaneously keeps the Caribbean perspective in mind. In this way we as a Caribbean Community can then contribute with our own strong voice, from our own perspective, and add to this phenomenon of globalisation within the field of law.
Ladies and gentlemen, a significant impact on the Law has also come through technology. The emergence of social media has caused changes to both business and law alike. A good example can be a case of online defamation. Different jurisdictions interpret these scenarios differently.
In the U.S. context, a cause for action is only considered each time the material is uploaded. But in the U.K. context, each time the defamatory material is downloaded it gives rise to a new course of action. It is these distinctions in the laws of different jurisdictions that you would want to remain keenly in tune with in order to truly become the lawyers of today and tomorrow.
Social media has also affected a vast other number of areas such as data protection, privacy, business documents and even the service of court documents. Take for example the effect of Wikileaks or Facebook being a valid method of effecting service of a claim form.
Ladies and gentlemen, a significant impact on the Law has also come through technology. The emergence of social media has caused changes to both business and law alike. A good example can be a case of online defamation. Different jurisdictions interpret these scenarios differently.
In the U.S. context, a cause for action is only considered each time the material is uploaded. But in the U.K. context, each time the defamatory material is downloaded it gives rise to a new course of action. It is these distinctions in the laws of different jurisdictions that you would want to remain keenly in tune with in order to truly become the lawyers of today and tomorrow.
Social media has also affected a vast other number of areas such as data protection, privacy, business documents and even the service of court documents. Take for example the effect of Wikileaks or Facebook being a valid method of effecting service of a claim form.
Globalisation has also meant that our national laws are not sufficient to deal with international problems. Napster is a good case in point. The issue of file-sharing, piracy of online content and similar issues regarding the prevention of copyright infringement in a cross-border environment has created an entirely new pool of legal expertise and precedent.
The protection of “image rights” for example, by athletes and celebrities, and the struggle for national laws alone to protect such rights is another area that has evolved fairly quickly. In such cases, the importance of the continued use of international treaties in areas where local laws may be insufficient cannot be stated enough.
In recognising the challenges faced by individual countries due to the nature of these unlawful activities, the Republic of Trinidad and Tobago has chosen not to wait for a crisis response and has entered into international treaties.
We are signatories to the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS Agreement) which, like other international treaties, calls for a country to amend its laws to meet certain standards. A collective agreement and enforcement of such standards are necessary so that collaboration on an international level to fight such cross-border crimes may be possible.
With this snapshot of how the “law is changing” I feel certain that your experiences here at the New York University have equipped you with the tools and skills to face the challenges of a changing environment. You will no doubt agree that being located in such a city of such rich diversity gives you a competitive edge. Your increased knowledge and appreciation for not only other cultures, but the underpinning philosophies of those cultures will prove of enormous value as you progress in your careers.
In areas of civil liberties and human rights which by its nature are not purely local, the approach cannot be confined to the locality of the physical space. You have been afforded the opportunity to study in an environment, which is not only multi-dimensional in its composition, but also in its approach to the law, and this has put you, the graduates, at a great advantage.
The visionary approach which this institution emphasises has helped to equip you to thrive in such an evolving system, while ensuring that you emerge as leaders who will shape a legal system that will serve the needs of the future.
As I have illustrated, both your lives and professions have been affected by this process of change. Your broad perspectives should not only shape the way things happen, but also the way you respond to events and situations in which you are involved. It is important for you as students, as teachers, as Lawyers and as citizens of the world to understand one very important consideration. Being part of a globalised world not only places in you the ability to recognise change, but also places on you the responsibility to at times, influence that change.
Every action, every dream, every contribution you make, has the potential to effect change and your responsibility is to ensure that the change is constructive and positive.
From my own life, I can tell you that as a young girl growing up in a small town called Siparia in the south of Trinidad, I did not know that I would become the first female Prime Minister of Trinidad and Tobago. I did, however, have a deep sense that my actions could affect the world around me.
The protection of “image rights” for example, by athletes and celebrities, and the struggle for national laws alone to protect such rights is another area that has evolved fairly quickly. In such cases, the importance of the continued use of international treaties in areas where local laws may be insufficient cannot be stated enough.
In recognising the challenges faced by individual countries due to the nature of these unlawful activities, the Republic of Trinidad and Tobago has chosen not to wait for a crisis response and has entered into international treaties.
We are signatories to the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS Agreement) which, like other international treaties, calls for a country to amend its laws to meet certain standards. A collective agreement and enforcement of such standards are necessary so that collaboration on an international level to fight such cross-border crimes may be possible.
With this snapshot of how the “law is changing” I feel certain that your experiences here at the New York University have equipped you with the tools and skills to face the challenges of a changing environment. You will no doubt agree that being located in such a city of such rich diversity gives you a competitive edge. Your increased knowledge and appreciation for not only other cultures, but the underpinning philosophies of those cultures will prove of enormous value as you progress in your careers.
In areas of civil liberties and human rights which by its nature are not purely local, the approach cannot be confined to the locality of the physical space. You have been afforded the opportunity to study in an environment, which is not only multi-dimensional in its composition, but also in its approach to the law, and this has put you, the graduates, at a great advantage.
The visionary approach which this institution emphasises has helped to equip you to thrive in such an evolving system, while ensuring that you emerge as leaders who will shape a legal system that will serve the needs of the future.
As I have illustrated, both your lives and professions have been affected by this process of change. Your broad perspectives should not only shape the way things happen, but also the way you respond to events and situations in which you are involved. It is important for you as students, as teachers, as Lawyers and as citizens of the world to understand one very important consideration. Being part of a globalised world not only places in you the ability to recognise change, but also places on you the responsibility to at times, influence that change.
Every action, every dream, every contribution you make, has the potential to effect change and your responsibility is to ensure that the change is constructive and positive.
From my own life, I can tell you that as a young girl growing up in a small town called Siparia in the south of Trinidad, I did not know that I would become the first female Prime Minister of Trinidad and Tobago. I did, however, have a deep sense that my actions could affect the world around me.
Perhaps it was a consciousness that was spurred on by my love for reading, gaining and sharing knowledge. When I read of the great people of history such as Abraham Lincoln, Mahatma Gandhi and Martin Luther King Jr, I was inspired by the ways in which simple yet significant actions could change the course of history.
My dream at first was to become a Teacher, which I fulfilled when I became a university lecturer at the University of the West Indies, Mona Campus in Jamaica. I sought to effect change through my students, which I’m sure is a dream which your lecturers here at NYU also share. As a teacher I shared my global perspective with my students, just as I am doing with you today.
But today I speak with an even broader perspective having earned my own place in my country’s and the Caribbean region’s history. I speak with you as my country’s first female Prime Minister, as a former Attorney General, as a former University Lecturer and indeed, as a person concerned about the world around her, and intent on giving back to a world that has given so much to me.
Similarly, as you work towards achieving your ambitions and rising to leadership, consider your vision for the future of law. Use your flair for critical thought and identify the direction in which you believe the law should move. Enhance your ability to perceive the law both from a top-down and ground-up perspective so you may fully understand the implications of your actions.
It may mean choosing to walk on un-trodden ground. But if you have faith in your belief, you must be prepared to stand by it and fight for it. This is how you effect change, utilising the concept of globalisation to your advantage. You start with a vision, your nurture it with your belief and your effort, you develop it through dedication and commitment and you achieve it through your work.
I will now therefore end as I began. Law is changing.
It is for you to give deep thought to how you intend to place yourselves into that changing environment; take hold of the change you wish to see, and achieve the change. Law is changing, but the pursuit of justice remains our sacred ideal.
I congratulate you all for your great achievements and think it would be fitting to leave you with one final thought, a quote from your own historical landscape, which I believe captures the present scenario extremely well.
On the fourth panel of the Jefferson Memorial is a quote. It says: “I am not an advocate for frequent changes in laws and constitutions, but...with the change of circumstances, institutions must advance also to keep pace with the times.”
I thank you.
My dream at first was to become a Teacher, which I fulfilled when I became a university lecturer at the University of the West Indies, Mona Campus in Jamaica. I sought to effect change through my students, which I’m sure is a dream which your lecturers here at NYU also share. As a teacher I shared my global perspective with my students, just as I am doing with you today.
But today I speak with an even broader perspective having earned my own place in my country’s and the Caribbean region’s history. I speak with you as my country’s first female Prime Minister, as a former Attorney General, as a former University Lecturer and indeed, as a person concerned about the world around her, and intent on giving back to a world that has given so much to me.
Similarly, as you work towards achieving your ambitions and rising to leadership, consider your vision for the future of law. Use your flair for critical thought and identify the direction in which you believe the law should move. Enhance your ability to perceive the law both from a top-down and ground-up perspective so you may fully understand the implications of your actions.
It may mean choosing to walk on un-trodden ground. But if you have faith in your belief, you must be prepared to stand by it and fight for it. This is how you effect change, utilising the concept of globalisation to your advantage. You start with a vision, your nurture it with your belief and your effort, you develop it through dedication and commitment and you achieve it through your work.
I will now therefore end as I began. Law is changing.
It is for you to give deep thought to how you intend to place yourselves into that changing environment; take hold of the change you wish to see, and achieve the change. Law is changing, but the pursuit of justice remains our sacred ideal.
I congratulate you all for your great achievements and think it would be fitting to leave you with one final thought, a quote from your own historical landscape, which I believe captures the present scenario extremely well.
On the fourth panel of the Jefferson Memorial is a quote. It says: “I am not an advocate for frequent changes in laws and constitutions, but...with the change of circumstances, institutions must advance also to keep pace with the times.”
I thank you.
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| PM Kamla Persad-Bissessar (centre) with Dean of NYU Law School, Richard Revesz and the United Nations Under-Secretary-General for Legal Affairs, Patricia O'Brien. |
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