Bilingual Higher Education in the Legal Context Studies in International Minority and Group Rights
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Bilingual Higher Education in the Legal Context Studies in International Minority and Group Rights Series Editors Gudmundur Alfredsson Kristin Henrard Advisory Board Han Entzinger, Professor of Migration and Integration Studies (Sociology), Erasmus University, Rotterdam, the Netherlands; Baladas Ghoshal, Jawaharlal Nehru University (Peace and Confl ict Studies, South and Southeast Asian Studies), New Delhi, India; Michelo Hansungule, Professor of Human Rights Law, University of Pretoria, South Africa; Baogang He, Professor in International Studies (Politics and International Studies), Deakin University, Australia; Joost Herman, Director, Network on Humanitarian Assistance the Netherlands, the Netherlands; Will Kymlicka, Professor of Political Philosophy, Queen’s University, Kingston, Canada; Ranabir Samaddar, Director, Mahanirban Calcutta Research Group, Kolkata, India; Prakash Shah, Senior Lecturer in Law (Legal Pluralism), Queen Mary, University of London, the United Kingdom; Tove Skutnabb-Kangas, Guest Researcher at the Department of Languages and Culture, University of Roskilde, Denmark; Siep Stuurman, Professor of History, Erasmus University, Rotterdam, the Netherlands; Stefan Wolff , Professor in Security Studies, University of Birmingham, the United Kingdom. VOLUME 2 Th e titles published in this series are listed at brill.nl/imgr Bilingual Higher Education in the Legal Context Group Rights, State Policies and Globalisation Edited by Xabier Arzoz LEIDEN • BOSTON 2012 Library of Congress Cataloging-in-Publication Data Bilingual higher education in the legal context : group rights, state policies and globalisation / edited by Xabier Arzoz. p. cm. -- (Studies in international minority and group rights ; v. 2) Includes bibliographical references and index. ISBN 978-90-04-20925-1 (hardback : alk. paper) 1. Education, Bilingual--Law and legislation. 2. Universities and colleges--Law and legislation. 3. Law schools. I. Arzoz, Xabier. K3259.B55 2012 340.071’1--dc23 2011051427 ISSN 2210-2132 ISBN 978 90 04 20925 1 (hardback) ISBN 978 90 04 22806 1 (e-book) Copyright 2012 by Koninklijke Brill NV, Leiden, Th e Netherlands. Koninklijke Brill NV incorporates the imprints Brill, Global Oriental, Hotei Publishing, IDC Publishers, Martinus Nijhoff Publishers and VSP. All rights reserved. No part of this publication may be reproduced, translated, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission from the publisher. Authorization to photocopy items for internal or personal use is granted by Koninklijke Brill NV provided that the appropriate fees are paid directly to Th e Copyright Clearance Center, 222 Rosewood Drive, Suite 910, Danvers, MA 01923, USA. Fees are subject to change. Th is book is printed on acid-free paper. TABLE OF CONTENTS Notes on Contributors .............................................................................vii Acknowledgments ..................................................................................... xi INTRODUCTION 1. Legal Education in Bilingual Contexts: A Conceptual, Historical and Comparative Introduction Xabier Arzoz ............................................................................................3 PART I LEGAL EDUCATION IN MULTILINGUAL STATES 2. Bilingualism and Legal Education in Canada: Th e Classical Approach André Braën.......................................................................................... 37 3. Linguistic Law in Higher Education in Belgium: New Trends for Bilingual Education, but Which One? Sophie Weerts ....................................................................................... 51 4. Th e Swiss Paradox: Monolingual Higher Education in a Multicultural Environment Nicolas Schmitt ..................................................................................... 77 5. Implementing Linguistic Rights in Finland through Legal Education in Finnish and Swedish Markku Suksi...................................................................................... 101 PART II LEGAL EDUCATION THROUGH MINORITY LANGUAGES 6. Basque-Medium Legal Education in the Basque Country Xabier Arzoz ....................................................................................... 135 7. Bilingual Legal Education in Catalonia Eva Pons .............................................................................................. 167 vi table of contents 8. Living on Borrowed Time: Bilingual Law Teaching in Galicia or the Urgent Need to Recover Prestige Alba Nogueira López ....................................................................... 193 9. Bilingual Legal Scholarship in Wales: Historical and Contemporary Perspectives R. Gwynedd Parry ........................................................................... 215 10. Legal Education in Hungarian Language in Transylvania: Between a Glorious Past and an Uncertain Future Gyula Fábián .................................................................................... 259 11. Creating, Studying and Experimenting with Bilingual Law in South Tyrol: Lost in Interpretation? Elisabeth Alber and Francesco Palermo......................................... 287 PART III THE EMERGENCE OF ENGLISH AS A LANGUAGE OF LEGAL EDUCATION 12. English-Medium Legal Education in Continental Europe: Maastricht University’s European Law School: Experiences and Challenges Nicole Kornet .................................................................................... 313 PART IV CONCLUSIONS 13. Bilingual Legal Education in Europe and Canada Bethan Sarah Davies ....................................................................... 343 Index ........................................................................................................ 357 NOTES ON CONTRIBUTORS Elisabeth Alber is Senior Researcher at the Institute for Studies on Federalism and Regionalism at the European Academy (EURAC), Bolzano/Bozen. Her main research fi elds include multinational feder- alism, minorities and autonomies, multilevel governance and partici- patory democracy. Xabier Arzoz is Associate Professor of Administrative and EU Law at the University of the Basque Country, Bilbao. Currently, he clerks for one of the Spanish constitutional judges. He has authored over sixty works in various languages on Spanish and European administrative law, linguistic diversity and language rights, fundamental rights, and federalism and autonomy. André Braën is Professor of Law and former dean and associate dean at the Faculty of Law of the University of Ottawa, Civil Law Section. He began his academic career at the Faculty of Law of the University of Moncton in 1979. He has been a visiting professor in several foreign institutions. His main areas of expertise are language rights and mari- time law. Mr Braën is a member of the Bar of Quebec. Bethan Sarah Davies is a PhD student within the Department of Law and Criminology at Aberystwyth University. Her research is focused upon minority language provision within higher education, focusing specifi cally upon Welsh medium education. To that eff ect, she has been awarded a Welsh medium scholarship from Y Coelg Cymraeg Cenedlaethol. Gyula Fábián is Public Prosecutor at the Court of Appeal Cluj, Romania and Associate Professor at the Babeş-Bolyai University, Cluj-Napoca, Romania, where he coordinates the “European Private Law” LLM Programm. He is author of several books and studies in several lan- guages in the fi elds of European law, minority law, international law and criminal law. Nicole Kornet is Assistant Professor of Commercial Law at the Faculty of Law of Maastricht University. She is a member of the steering viii notes on contributors comittee for the European Law School English Track bachelor. She is a fellow at the Maastricht European Private Law Institute and the Institute for Globalisation and International Regulation. Her research focuses on the impact of globalisation on international commercial contract law and practice. Alba Nogueira López is Associate Professor of Administrative Law at the University of Santiago de Compostela. She is the author of many contributions about language rights, environmental law and adminis- trative economic law, and the editor of a commentary on the ECRML to be published by the Council of Europe. She is member of the Scientifi c Board of the specialised journal Llengua i Dret. Francesco Palermo is Professor for Comparative Constitutional Law in the Faculty of Law, University of Verona and Director of the Institute for Studies on Federalism and Regionalism at EURAC, Bolzano/Bozen. Main research areas include comparative federalism, minority rights and European integration. R. Gwynedd Parry is Professor of Law and Legal History at Swansea University. He is also Director of the Hywel Dda Research Institute at the university. His main research interests are in the fi elds of criminal justice, modern legal and social history and law and minority lan- guages. He is also a qualifi ed barrister, and in 2010 he was elected Fellow of the Royal Historical Society. Eva Pons is Associate Professor of Constitutional Law at the University of Barcelona, Spain. She is the author of many contributions in the fi eld of public law, comparative law, language rights in international and European legal systems, and the regulation of the Catalan lan- guage. She is member of the Board of Directors of the specialised jour- nal Llengua i Dret. Sophie Weerts is a PhD student and a member