Skills for future international commercial lawyers: a proposal for a skills-based course in the Chinese mainland context

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Long, Y, 2016. Skills for future international commercial lawyers: a proposal for a skills-based course in the Chinese mainland context. PhD, Nottingham Trent University.

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Abstract

This thesis identifies skills that are important for Chinese lawyers in international commercial practice (ICP lawyers). It demonstrates a unique understanding of the needs of Chinese international commercial lawyers (ICP lawyers) in their cultural and educational context. It makes recommendations for a new evidence-based JM curriculum which will assist Chinese lawyers to compete with their Anglo-American peers.

The need for international commercial legal services in China is critical to its economic development. The Chinese JM is not effective for skills or designed for international commercial practice. Transplanting a course such as the JD or PCLL will not solve this, particularly in relation to skills, English competence and the fact that the 'legal profession' is a comparatively recent phenomenon in China. ICP lawyers more often act as lawmakers rather than law interpreters. Therefore, skills are their main tools in navigating international commercial legal tasks.

Overall, a constructivist, experiential learning approach, allowing students to explore and to practise skills, is most suitable for skills learning in this context.

An interpretive phenomenological approach was taken, allowing participants to speak for themselves. The data was grouped into themes for the purposes of analysis. Investigation was by questionnaires to Chinese and non-Chinese ICP lawyers, interviews with Chinese ICP lawyers, and with people involved in education.

Analysis led to key themes: what 'international commercial practice' is; collaboration; languages and communication (including English as a lingua franca) and creativity. Cultural awareness and becoming an international commercial lawyer were pervasive.

The thesis used this data to design a new skills-based, experiential learning curriculum. Future research could investigate whether similar gaps exist in other countries where the legal profession is emerging, but where policy is towards increased international trade.

Item Type:	Thesis
Creators:	Long, Y.
Date:	December 2016
Rights:	This work is the intellectual property of the author. You may copy up to 5% of this work for private study or personal, non-commercial research. Any re-use of the information contained within this document should be fully referenced, quoting the author, title, university, degree level and pagination. Queries or requests for any other use, or if a more substantial copy is required, should be directed in the first instance to the author.
Divisions:	Schools > Nottingham Law School
Record created by:	Linda Sullivan
Date Added:	30 Jul 2018 08:38
Last Modified:	30 Jul 2018 08:38
URI:	https://irep.ntu.ac.uk/id/eprint/34192