To date, Canada has signed onto Free Trade Agreements with more than 40 countries. The original North American Free Trade Agreement (NAFTA), which came into effect in 1994, and was revised to the United States–Mexico–Canada Agreement (USMCA) in 2018, defines one of the largest free-trade regions in the world. In recent years, there has been a lot of activity on the trade front in both Canada and the United States. Among Canada’s newest agreements are the Comprehensive and Economic Trade Agreement (CETA) with the European Union and the Trans-Pacific Partnership (TPP). The United States has begun the process of reviewing its trade agreements with a number of different countries. With recent political developments in the United States and the United Kingdom, this area of law is almost guaranteed to see lots of activity over the coming years.
International trade lawyers work for both the public and private sectors. In the private sector, lawyers advise their clients on federal and international laws governing international trade, including customs, trade remedies, export and import controls, and dispute resolutions. They also strive to gain expertise in government relations and legislative affairs. In the public sector, international trade lawyers participate directly in negotiating and drafting the terms of trade agreements between nation states.
International trade lawyers will develop expertise in the following areas:
• Customs law and commodity tax
• Trade remedies
• Export and import controls
• Government procurement
• Environment and trade
• Intellectual property/information technologies and trade
• Competition and trade
• Government relations and legislative affairs
• Arbitration
Who’s hiring?
Government: International trade lawyers can work for government agencies, such as Foreign Affairs, to advise the government on its rights and obligations according to international trade agreements. They also provide advice on negotiating and drafting multilateral, regional, and bilateral trade agreements.
In Canada, Global Affairs Canada offers entry-level jobs and internship opportunities in the area of international trade. Specifically, the Trade Law Bureau, a department within Global Affairs, works to advise the Government of Canada of its rights and obligations under international trade law.
Inter-Governmental Organizations: The World Trade Organization (WTO) is an inter-governmental organization that regulates international trade. Lawyers are essential to the work of the WTO, responsible for researching, writing, and making proposed changes to various trade agreements based on socio-political and economic trends. See the WTO’s job postings - https://www.wto.org/english/thewto_e/vacan_e/vacan_e.htm
The United Nations, within the greater organization, also hires in the area of international trade law. Check out their job postings in this area at: https://unjobs.org/themes/international-trade
Within a specific department of the UN, the United Nations Commission on International Trade Law (UNCITRAL), there are also job postings and internship opportunities. Internships are unpaid and highly competitive. Visit - http://www.uncitral.org/uncitral/en/vacancies_internships.html
Corporations: It is possible to work as an in-house attorney for multinational corporations, to help them adhere to regulations of trade agreements, negotiate contracts between different parties, and resolve any disputes that arise between the company and other parties.
Private Law Firms: Lawyers working for a private firm will represent different clients—from multinational companies to smaller investment firms—and advise on matters relating to international trade and protecting their clients’ best interests.
How do I break into the field of international trade law?
Start early. During your undergraduate, consider majoring in political science, economics, or business. These majors can help you to develop an understanding of the larger geopolitical forces that shape global economics and trade partnerships.
During law school, focus on your academics on international trade. Enroll in as many trade-related courses as you can, get to know your professors, seek out relevant internships and volunteer opportunities, and scout out prospective job opportunities at all levels. Ask yourself: Who are your mentors? Whose example do you wish to follow? How do you carve out your own path?
At law school, participate in a moot court competition. What’s that? A moot court competition simulates a court hearing, in which students analyze a problem, research the relevant law, develop a written submission, and present an oral judgement before an ‘appointed’ judge. It’s an excellent way to get hands-on experience preparing for, and participating in a court case.
Many law schools organize opportunities for students to participate in moot courses – some specifically focusing on trade law disputes between two, or more nations. The Philip C. Jessup International Law Moot Court Competition is the world’s largest moot court competition, involving 550 law students from 87 countries. Potential employers will take note of your participation in moot court competitions, particularly if your student team comes out on top.
Recent law school graduate Kenya-Jade Pinto, who works at Level Justice, a Canadian NGO that strives for legal justice, says her participation in a moot court case in Argentina was invaluable. “It’s easy to learn black letter law, but it’s just as essential to learn how to interact with people and how to adapt to certain situations,” says Pinto.
Experience is critical to breaking into this field. Research paid and unpaid internship opportunities with government – Global Affairs Canada, or the U.S.’s International Trade Administration (ITA) – or with the United Nations and other INGOs, including the World Trade Organization (WTO) and UNCITRAL (United Nations Commission on International Trade Law). If you wish to work for a private law firm, seek out practices that work in the area of international trade law, and apply for summer internships, or articling positions.
After law school, consider specializing with an LL.M. in international trade law, to gain expertise in the sale of commodities, electronic trade (a method of trading securities, such as stocks and bonds), dispute resolution, and corruption.
Resources
→ Become an expert in understanding the ins and outs of UN trade bodies, major multilateral trade agreements, and regional trade agreements. For a complete list, read Columbia University’s International Trade Law Guide.
→ Follow the World Trade Organization (WTO) to stay current on relevant news and events focused on international trade law.
→ Visit WorldTradeLaw.net to access a free trade law resource library, which provides up-to-date summaries and analyses of all WTO reports and arbitrations.
→ Join the International Law Students Association (ILSA) to learn about various job and internship opportunities. Also, consider submitting a research article to the ILSA Quarterly, an academic magazine that focuses on current affairs and issues related to international law.
Job Boards
World Trade Organization (WTO) - https://www.wto.org/english/thewto_e/vacan_e/vacan_e.htm
Global Affairs Canada – https://emploisfp-psjobs.cfp-psc.gc.ca/psrs-srfp/applicant/page2440?fromMenu=true&toggleLanguage=en
International Trade Administration (ITA) – http://www.trade.gov/jobs/
UNCITRAL - http://www.uncitral.org/uncitral/en/vacancies_internships.html
Conclusion
To summarize, if you want to break into the exciting field of international trade law, always keep your eye on the prize. Throughout your undergraduate degree and during law school, strive to accumulate relevant volunteer and professional experiences. Build up your personal network, find your mentors, and don’t be afraid to ask for help or guidance. Be willing to take risks, participate in moot court competitions, and knock on all of the doors.
In a hyper-globalized world, there’s never been a more exciting time to become a lawyer specialized in international trade.
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